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MN unemployment judges are real people. Many applicants seeking benefits have never spoken to a judge prior to their appeal. For some, this causes stress and anxiety.
If you need help preparing for your unemployment appeal, you found the right place.
As you research your case, consider which rule of law helps your appeal. Then, prepare, prepare, and prepare.
Raising Issues with an Unemployment Judge
Applicants can ask an Unemployment Law Judge to review new issues. Raising an unemployment issues is supported under Minnesota Rule 3310.2910.
Of course, if the applicant doesn’t know or see the issue prior to the hearing, this too can have a detrimental impact.
Unemployment Law Judges in Minnesota
Here is a short list of judges that might be assigned to an unemployment appeal:
Allen, Lossom
Altavilla, Christina
Arendt, Kevin W
Avila, Kevyn
Bennett, Bonnie J
Berninghaus, Andrew P
Best, Eli
Blomquist, Jeffrey
Boggio, Hannah A
Conlin, Katherine A
Cornell, Rachel
Cox, David
Czeck, Tyler
Davis, Colette B
Eng, Bryan
Flynn, Megan A
Froelich, Anne
Georgopoulos, Areti
Gibson, David A
Haynes, Tiffany R
Helgeson, Karen L
Hines, Kaitlin
Humayun, Munazza
Kaehler, Lynn A
Leopold, Brian
Mackin, Sasha E
Markham, Melannie M
Martin, Twyla D
Matteson, Mara K
Phillips, Keri A
Pomeroy, Michelle
Pomeroy, Michelle
Ratzlaff, Natalie
Ritter, Kelly L
Roberts, Andrea
Simafranca, Ryan D
Skurka, Jacob J
Smith, Kathryn K
St Martin, Matthew A
Steffen, Christine
Trobaugh, Phillip J
Vincze Turcean, Claudia
Wittmer, Rebecca A
Yursi, Heather
Zugay, Dawn E
MN Unemployment Judges
When preparing for an unemployment appeal hearing, it is far more important to focus on presenting clear facts and the specific rules that support your eligibility than to worry about which unemployment law judge will be assigned.
While judges may differ in style or questioning, each is bound to apply the same laws and regulations. A well-prepared case—supported by a timely subpoena, an accurate timelines, or references to applicable rules—will stand on its own merit regardless of the judge.
Success in your hearing depends on substance, not speculation about personalities. Strong preparation is your most effective strategy.
MN Unemployment login problems look small, but they can have lasting impacts on a claim for benefits.
For example, being unable to request benefits through the DEED website can cause a person to loose hundreds of dollars. Other times, there are identify issues.
If you have an appeal and it is somehow linked to a problem with the a MN Unemployment Login, you found the right place.
Before logging into a benefit account, realize that every screen and question is designed by Minnesota’s Unemployment Insurance Office.
In other words, applications, questionnaires, and appeals must be scrutinized.
Proving Your Unemployment Identify
Proving your identify to the unemployment office is not as easy as it might appear. As I shared within Unemployment Tip #012, your online benefit account is important. Unfortunately, the unemployment office uses social security numbers to deceiver between accounts.
In my experience, the unemployment office can confuse accounts with other people. This in itself can be a reason to seek an appeal.
After Logging Into Your Unemployment Account
After logging into your account for the first time, the unemployment website will push you onto applications, questionnaires, and related links.
When applying for unemployment benefits, it is crucial to carefully read and understand every question on the application. Each question is designed to gather specific information that can impact your eligibility.
Misunderstanding or overlooking a question may lead to incorrect responses, which can result in a denial of benefits or delays in receiving them. More importantly, any discrepancies between your application and your statements during an appeal hearing can harm your credibility and weaken a claim.
Should you appeal unemployment? Except for applicants with a professional license and or those accused of unemployment misrepresentation, this is usually an easy question.
If you need help addressing an appeal for unemployment benefits, you found the right place.
When this law office works with a person deciding whether they should appeal an unemployment claim, here is what I ask:
What is the worst thing that might occur?
Is there a government agency with a vested interest in the claim for benefits?
Is there a risk for getting one’s license suspended or terminated?
Is there a concern with being asked questions under oath?
Does a future job look hopeful?
Again, the answers to these types of questions are going to be specific and personal to the person seeking benefits.
Being Under Oath
Being under oath at an unemployment hearing carries significant legal and personal risks. When testify or offering evidence, all of the above questions come into play.
Any false statement, even if made unintentionally or out of confusion, can lead to serious consequences, including charges of perjury.
Unemployment law judges (ULJs) take sworn testimony seriously, and inconsistencies or misleading statements can undermine your credibility, potentially damaging the appeal and or other legal matters.
Unlike casual conversations or informal interviews, words during a hearing become part of the official record. They can be used as evidence not only in that proceeding but also in subsequent matters.
If you’re unprepared, nervous, or unaware of the specific legal issues at stake, you might say something that is interpreted unfavorably. Because of these risks, it’s crucial to prepare carefully.
Thus, work with your attorney, understand the facts of your case, and rehearse answering questions clearly and truthfully.
If an employer lied at an unemployment hearing, immediately obtain copies of the audio from the hearing. If possible, organize evidence showing the lie. Of course, this isn’t always possible.
Then, outline the issue within more formal process called a request for reconsideration.
Unfortunately, most applicants are hardly prepared. Even worse, when the lie occurs, the employee or applicant freeze up. This isn’t helpful either. So, a strategy needs to be developed before a hearing takes place.
Employer Lied Before the Hearing
Addressing pre-hearing issues is another story. Attacking a lie is different than presenting the truth using other testimony.
Nonetheless, consider acquiring copies of a personnel file before the phone hearing takes place. Other times, applicants can seek support from a witness and or make legal objectives.
Other times, the applicant might welcome the lie because it gives the former employee an opportunity to show credibility.
Unfortunately, taking time to weigh facts and propose the strongest strategy is out of scope for a short post like this.
Employer Lied During the Hearing
When an employer’s witness lies during the hearing, this is where a claimant sometimes locks up. First, the lie is sometimes surprising to hear.
Other times, the statement doesn’t sit right and causes panic. Or, the applicant begins to look through exhibits, while missing critical testimony needing a response.
Although there isn’t a perfect answer, there is an answer. Point to evidence and make objections. Otherwise, a better answer is the process of offering additional testimony or cross examining the employer.
Unemployment Lies After the Hearing
When an employer lied at an unemployment hearing and their statement is used in the decision, what really matters then is drafting a well constructed appeal. An appeal after a phone hearing is called a request for reconsideration.
Administrative Penalties if an Employer Lied at an Unemployment Hearing
Now, lets examine penalties. When an employer lies an an unemployment hearing, admin penalties are supported by rule 268.184.
Admin unemployment penalties are the greater of $500 or 50% of the unemployment benefit incorrectly paid to an Applicant.
Notification penalties after an employer lied at an unemployment hearing are supported by the second section of rule 268.184.
Penalties under this rule could be even more significant. According to the rule, an employer must be assessed a penalty of $5,000 or two percent of the first full quarterly payroll acquired, whichever is higher.
Criminal penalties after an employer lied at an unemployment hearing are supported by the third section of rule 268.184.
Any person (officer, agent, individual, etc.) who lies at an unemployment hearing is guilty of a gross misdemeanor unless the underpayment exceeds $500. If the underpayment is more than $500, then that person is guilty of a felony.
An unemployment audit in Minnesota is really any question asked by the unemployment office. Unfortunately, every question can introduce other problems and traps.
Because questions from auditors and Minnesota DEED may turn into a bigger legal matter or appeal, take their audit review process seriously.
An unemployment audit is initiated through the Minnesota Department of Employment and Economic Development (“DEED”). For all practical purposes, DEED has the power to perform an Unemployment Audit Minnesota at any time.
Biggest risk from an Unemployment Audit in Minnesota?
The biggest risks of an audit includes monetary penalties, being accused of misrepresentation or a crime, and kickstarting an audit from another government agency.
An unemployment reconsideration for Minnesota UI benefits is stressful, especially when the benefit is needed. However, when done right, applicants can help their their case.
Generally, the party who lost the phone hearing asks for a reconsideration by sending a written response to the unemployment law judge. This type of appeal has unusual procedures and rules.
There are two goals when filing this type of unemployment appeal, and they are not necessarily mutually exclusive.
Goal 1: Reverse the Unemployment Decision;
Goal 2: Ask the Unemployment Law Judge to order an additional phone appeal (Level I).
Before Filing A Reconsideration for Unemployment
In Minnesota, an Applicant can ask the Unemployment Office for a copy of the audio recording from the phone hearing.
Making this request is as simple as calling the unemployment appeal hotline by phone. Again, this is supported by Minnesota law.
Then, you can scrub the audio for legal and procedural errors.
What Does a Request for Reconsideration Look Like?
Both the Applicant and Employer can file a request for reconsideration. Filing this type of an appeal online limits you to a small box to write information in. As a result, it is hardly ideal to file a request for reconsideration on-line.
On the other hand, if you file a formal legal document called a Memorandum of Law, your unemployment request for reconsideration in Minnesota can be drafted in a manner that supports your request.
In other words, you are likely going to need more than a small box to highlight case-law, Minnesota rules, and space to outline legal arguments favoring your cause.
Generally, an unemployment reconsideration includes a section highlighting the issue identification number, a statement affirming your appeal, an outline of issues you are requesting a re-review of, and an explanation of laws relevant to your situation.
As a result, an unemployment request for reconsideration in Minnesota can be extremely lengthy depending on issues and exhibits.
New Evidence for an Unemployment Reconsideration
Yes, every Applicant should consider whether the new evidence might change or help influence the Judge. As seen under rule 268.105, there are two reasons an unemployment law judge will look at the new evidence:
(1) New evidence (documents, testimony, and witness) would likely change the outcome of the decision and there was good cause for not having previously submitted that evidence; and
(2) New evidence would show that the evidence that was submitted at the hearing was likely false and that the likely false evidence had an effect on the outcome of the decision.
New evidence is another layer of complexity. On one hand, the issues raised in an appeal must be addressed.
New evidence adds to the issues, which cannot even be contemplated without meeting a certain threshold. Thus, there is an art to the drafting process.
When Should an Unemployment Reconsideration be filed?
Time is not on your side. Because of Minnesota laws, you must file a request for reconsideration within a specific period of time. consider seeking help or drafting your reconsideration ASAP.
Ideally, consider seeking help before you file such that you do not waive certain rights.
Additionally, time is of the essence, as you track down evidence, exhibits, and perhaps witness documents.
Noncovered employment is a fancy unemployment term used to deny claims for benefits. In Minnesota, auditors and employers use this term to claim a person with a certain job is automatically denied benefits.
This type of denial should be appealed. But, most employers will try and fight this type of claim because loosing means that their taxes will go up.
As a result, applicants or workers must be cautious before offer evidence, in case it inadvertently supports a noncovered classification.
Minnesota has a simple rule: anybody who tries to collect unemployment benefits in Minnesota after having a job classified as “noncovered employment” looses. The opposite of this is a classification called covered employment.
When I meet with people who are working through this type of matter, they are often unfamiliar with the various Minnesota laws that make a distinction. For this reason, study Minnesota statute 268.035. As you will see, Minnesota unemployment laws are dependent on worker classifications.
Noncovered Employment Legal Strategies
Your job classification cannot be dependent on an unemployment law. Instead, you can help yourself by defining your job duties and responsibilities. This is important for every worker defending their job status.
Unfortunately, applicants appealing cases like this unfamiliar with the types of acts that are most relevant. This is due to the failure of knowing the job duties that impact the claim.
Acquiring benefits is critical to the process of reducing stress so a person can focus on their job search. Fighting an evil HR person about noncovered employment is a matter that you must take on with supporting evidence.
Evidence for a Noncovered Job
When I strategies with a Client, I like to help them pinpoint the following:
Job duties;
Past job postings supporting job duties;
Comparing job classifications to other internal workers;
Asking auditors for feedback on other classified workers;
Organization charts;
Handbooks; and
Determining which Job Level was the decision maker.
Of course, every job and employer is different. Disproving negative evidence is the key.
Applicants who are successful with an appeal may reverse an overpayment. Other applicants consider different strategies.
However, success is very dependent on how an individual responds to a request for information expressed by DEED.
Are Unemployment Overpayments Serious?
You already know the seriousness of an overpayment because of the dollar value. Yes, an overpayment is serious, but reversable.
Since COVID, this law office is seeing overpayments as high as $90,000 after penalties, fines, and accusations of misrepresentation.
Process for Overpaid Benefits?
As you can see under rule 268.105, an Applicant can appeal an overpayment.
Generally, an appeal related to an unemployment claim follows the same procedures and steps as that required during other levels of the unemployment appeal process.
Are Unemployment Overpayments Legal?
Minnesota and the unemployment office can audit benefit accounts years from ever date of payment.
In other words, the Minnesota unemployment office has rights that support their ability to audit your account.
Overpayments and Misrepresentation
Sometimes, an overpayment for benefits can be attached to misrepresentation. In other words, instead of one active case, a person may have two or more case types.
One of many reasons misrepresentation or fraud impacts an overpayment is in repayment strategies and laws.
What Should You Do About an Unemployment Overpayment?
These types of benefit cases really cause a lot of stress and their impact can be far reaching. And, matters of this kind can date back months, years, and even decades.
Whether pre-covid or post covid, consider seeking help, such that you do not inadvertently make the situation more damaging.
Being denied unemployment benefits in Minnesota means being ineligible for benefits. Usually, a person will find out about a denial by viewing their account online or by mail.
Before deciding to appeal a denial of benefits, know what and how to respond, such that your benefits are not further damaged.
Before responding to a letter stating that you were denied unemployment, identify the deadline to file an appeal. This is important because you need to know how much time is allotted to draft a proper response.
Nearly every letter from the unemployment office in Minnesota will post the deadline to appeal a denial on the last page of the written notice. When seeing this in an online account, there should be a hyperlink or button stating “File Appeal”.
Wording Your Response to a Denial for Benefits
Of course, everybody wants to word their appeal in a manner that helps them get unemployment. But, this isn’t the intent of a filed response.
Whether you intend to submit evidence or introduce a witness;
Whether you are going to have an unemployment lawyer; and
Do you need an interpreter.
Employer Denied Unemployment
In Minnesota, an employer does not decide whether or not an applicant is denied benefits. Instead, a notice of ineligibility is made by DEED or the Department of Employment and Economic Development.
Certainly, feedback shared by an employer can lead to a denial of benefits. However, the employer is not the decision maker. Luckily, a denied claim is appealable.
Every situation is different, and there can be a lot of confusion, especially if something your former employer said doesn’t feel right.
Minnesota law 268 is a chapter of rules that impact appeals for UI benefits. Many people find out about this chapter upon getting a letter in the mail.
Whether the letter makes reference to MN Statute 268.095, 268.035, 268.085, or any other rule, finding a solution starts with identifying the issue.
268 MN Unemployment Quit Laws
When a person quits a job and seeks unemployment benefits, they are asked to compare their reason to other “good reasons”. In other words, case law.
Minnesota 268 Laws for Termination
Cases involving employees accused of employment misconduct require a different legal analysis.
The term employment misconduct in Minnesota is fact specific. In other words, every case is different because employers have different policies, guidelines, and expectations.
Utilizing research tools mentioned above may help clarify your situation or goals.
Employment Misconduct is any intentional or negligent conduct that demonstrates a disregard for the employer’s interests or that is a violation of the employer’s reasonable expectations. This doesn’t mean much unless you are comparing this to other situations and cases.
For this type of analysis, there are thousands of Minnesota cases are explain misconduct issues.
Likewise, other unemployment laws provide important safeguards for individuals who have been wrongly disqualified. Being ineligible for benefits is an appealable. i
Changes to Minnesota Law 268
Minnesota law 268 has changed many times. In fact, this law has changed more than sixty (60) different times since its original enactment in the year 1927.
Because this rule has changed so frequently, a situation involving another family member or friend is not necessarily helpful.
The unemployment court fee in Minnesota is different for individuals and applicants, versus employers.
When an individual makes an unemployment appeal to Minnesota’s Court of Appeals, the cost is waived under the Unemployment Court Fee rule. The court fee to make an appeal by an employer is $550.
That said, there isn’t a court filing fee for either an applicant or an employer when the UI appeal is heard by phone or during a process called a request for reconsideration.
There are no court filing fees for appeals heard by an unemployment law judge when scheduled by phone. And, court transcripts are generally free too. This rule is not based on income and true for employers and individuals alike.
Reconsideration Court Fees
In addition, there are no court filing fees for appeals called requests for reconsideration. Again, this is true for employers and individuals alike.
Unemployment Court Fees for the Court of Appeals
The filing fee is only paid when the employer is initiating the unemployment appeal. If an applicant files the appeal, the employer is asked to submit or attach a filing fee for their response to the matter.
Of course, these types of expenses should be considered when deciding how to proceed. However, there are many other factors to consider, which may far more significant than court filing fees and service of process.
Minnesota Supreme Court Fee for an Appeal
When a party files an appeal through Minnesota’s Supreme Court, a filing fee of $550 is required.
However, the Supreme Court in Minnesota is not compelled to hear or decide upon a case.
An appeal for unemployment benefits is a lot like spaghetti junction. Each twist and turn brings about something different. Stress can compound itself when poorly drafted responses and horribly misrepresented events are highlighted by employers.
In either case, help get your appeal back on track by exploring each the how and why.
Now, if you have been getting documents in the mail, put them off to the side after putting them in chronological order. If this in itself is confusing, I am referring to any and all letters sent out through Minnesota’s Department of Unemployment Insurance.
Next, compare your newly organized letters to the information found inside your online benefit account. Are their letter matching up with the issue identification number attached to your case?
Now, determine how many appeals are necessary. If none of this is is familiar, do not despair. I recognize the impact of stress, the need for benefits, and likely inexperience families have when responding to these types of legal issues.
The way out is pinpointing the Minnesota unemployment law that supports benefits, while hedging your appeal strategies with the opportunity to acquire benefits through other means.
Writing an Appeal for Unemployment
Before submitting a written response to the unemployment office, first address where you are in the appeal process. Here are a few examples:
A hidden opportunity as a result of a wage and salary statement,
An initial appeal to a denied claim,
A response to a phone decision,
A request for reconsideration,
An appeal statement to Minnesota’s Court of Appeals, and
A number of points in-between.
Every response and submission will pop up in the future, which is why you must realize how your response will fit in to the bigger picture. Thus, your written appeal depends on your starting point.
Unemployment Deadlines for an Appeal
Now that the foundation of an appeal has been set, lets address the next issue: appeal deadlines. Unemployment deadlines always run the show. When deadlines have come and gone, an appeal statement may need to address other issues, like timeliness and or a lack of notice.
On the other hand, if the deadline for the appeal for benefits is still in the future and before you can draft a response, please consider how the appeal will look. In other words, how the appeal gets perfected.
I very much dislike the need to use legal jargon, but it is important. If you are unfamiliar with “perfecting” an appeal, in general, this means the process of making sure the unemployment office receives notice that a decision or matter is being challenged.
Remember, there are may different types of appeals. And, just because your online benefit account seems easy and straight forward, never under estimate technology and the internet failing us when we need it the most.
Filing an Appeal for Benefits
The next step in analyzing unemployment appeals is determining how the appeal should get submitted. But wait, you still need help writing the perfect response. I get it. You are anxious, which is half the problem. Every detail matters and this needs to be thought through.
Again, appeals are filed and submitted differently based on where you are in the process. For example, an unemployment appeal to Minnesota’s Court of Appeals works through the Court Clerk. Appeals online should utilize links found within an online benefit account, while other types of appeals can only become perfected upon the filing of a fax or formal memorandum.
Again, content matters for every appeal. On the other hand, if the appeal cannot be traced, tracked, and proved, then you must ask yourself whether or not the Unemployment Office is going to be unforgiving down the road.
Unemployment Statement For Your Appeal
Your unemployment appeals statement matters. So much so, whatever the web has produced for you thus far, I am confident it was bad advice. In other words, what you are about to read is going to be different than what you expected.
The truth is, for those who have not spoken with an unemployment law judge, you are not ready to lock in a response, because you do not have the contents of their yellow envelope.
But wait, you need something specific because your online account is asking for it. Don’t fall for their trap. Sharing a reason for an unemployment appeal to early can cause significant problems down stream, whereas changing your tune after the fact can be just as troublesome. Instead, control the game and give yourself the best opportunity for success.
Reasons For Your Unemployment Appeal
Hopefully, there are all kinds of good reasons that you are eligible for benefits. Many of the reasons a person is eligible for benefits starts with something from Minnesota Statute 268.095. When matters and events fall in the gray, one can turn to legal precedent.
There is tremendous value in sorting through the storyline and obtaining help with determining what to say in an unemployment appeal and addressing the best time to say it.
If you need this kind of support, you found the right place.
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