Category: Unemployment

Stay informed on unemployment law with insights and legal guidance.  Blog covers unemployment benefits, eligibility requirements, appeals, reconsiderations, overpayments, penalties, misrepresentation, and evidence. Get the latest updates and practical advice to navigate the unemployment claims process.

  • Unemployment Audit: Avoid Getting Fooled

    Unemployment Audit: Avoid Getting Fooled

    An unemployment audit in Minnesota is the process when the unemployment office asks lots of questions. Do not fall for these traps.

    Because answers to questions from the unemployment office may turn into a bigger legal matter or appeal, take the audit review process seriously.

    Who Initiates an Unemployment Audit in Minnesota?

    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.

    Unfortunately, an UI Benefit Audit in Minnesota can inspire other issues through the Minnesota Department of Revenue, the Minnesota Department of Labor, and related agencies.

    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.

    Unfortunately, these matters are happen under Minnesota Statute 268.168.  

    Why do people and businesses get Audited by the Unemployment Office?

    Since COVID-19, audits have been on the rise. An Unemployment audit starts with a complaint and or an applicant miss classifying their job status.

    Other times, audits happen as a result of misleading information shared on forms or during an appeal hearing.

    Audit Questions from Minnesota

    Sometimes, people are able to distinguish their eligibility for unemployment versus an employer wrongdoing.  Other times, people cannot.

    Here are a few issues that usually raise other questions.

    • Did benefits start and stop and start again?
    • Being classified as an independent contractor.
    • Did you receive wages from an unidentified source?
    • Did you receive severance or a lump sum cash payment at the conclusion of your job ending?
    • What does your job search process look like?
    • Ancillary claims for Worker Compensation.
    • Health Matters.

    If any of these questions inspire a story or discussion, then I encourage using appropriate strategies to reduce future conflict.

  • Help Your Unemployment Reconsideration In Minnesota

    Help Your Unemployment Reconsideration In Minnesota

    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.

    What is the Goal for this type of Appeal?

    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.

  • Appealing Noncovered Employment

    Appealing Noncovered Employment

    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.

    Covered versus Noncovered Employment

    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.

  • A Minnesota Unemployment Overpayment May Get Worse

    A Minnesota Unemployment Overpayment May Get Worse

    An unemployment overpayment for claims in Minnesota means the unemployment office is wanting money back, whether incorrectly or otherwise.

    Applicants with appeal rights have different issues to consider versus people considering repayment strategies.

    In either case, consider meeting with an attorney before freely offering up information or responding to the Minnesota unemployment office.

    Applicants who are successful with an appeal may reverse reverse an overpayment.

    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.

  • What To Do When Denied Unemployment in Minnesota

    What To Do When Denied Unemployment in Minnesota

    Being denied unemployment benefits in Minnesota is the same as being ineligible. Usually, a person will find out about a denial by viewing their account online. Also, the unemployment office is supposed to send out a written notice too.

    Before deciding to appeal a denial of benefits, know what and how to respond, such that your benefits are not further damaged.

    After Being Denied Unemployment

    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.

    Instead, the goal is to perfect the opportunity to meet with an Unemployment Law Judge.

    The button on the unemployment website asking you to file an appeal will introduce four questions:

    • The reason for the appeal;
    • 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.

  • Problems With Minnesota Law 268 and Appeals

    Problems With Minnesota Law 268 and Appeals

    Minnesota law 268 is a chapter of rules that impact appeals for unemployment. Many people find out about this chapter of laws by seeing MN Statute 268.095 on a letter from the unemployment office.

    This law impacts how a quit, termination, and or layoff rule applies to a claim for benefits. This is important because of actions that an employer may claim.

    That said, there are many more rules and laws that apply to most claims for benefits.

    Minnesota Law 268 applies to workers and employees who quit their job and or get fired. Under Chapter 268, Minn. Stat. 268.095 defines a quit. Likewise, this statute defines termination too.

    These laws are constantly changing, as cases are appealed and reviewed by Minnesota’s Court of Appeals.

    268 MN Unemployment Quit Laws

    Sometimes, a situation can be very unclear. This means there is confusion between whether an event is a quit, termination, layoff, or constructive discharge.

    Further, this section of unemployment laws asks us to compare a “good reason” with legal cases already decided. For those considering DIY methods, consider using this resource to conduct your analysis.

    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.

    Video For Minnesota Law 268

    MN Stat. 268.095

    Minnesota Statute 268.095 is important because it helps and hurts applicants seeking benefits.

    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.

    More Unemployment Articles About Chapter 268

  • When Is the Unemployment Court Fee Waived?

    When Is the Unemployment Court Fee Waived?

    The unemployment court fee in Minnesota is different for individuals or applicants, versus employers.

    In Minnesota, there is not a court fee until a party decides to appeal to the Court of Appeals or Supreme Court. The court fee for an employer to make this type of appeal is $550.

    When an individual makes an unemployment appeal to the Court of Appeals, the cost is waived under the Unemployment Court Fee rule.

    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.

    Phone Hearing Court Costs

    There are no court filing fees for appeals heard by an unemployment law judge when scheduled by phone. 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.

  • Unemployment Appeals in Minnesota

    Unemployment appeals in Minnesota are strange. This is true because there are many different points in which an appeal becomes available. Knowing where you are in the appeal process is just as important as the other tips outlined below.

    Of course, timing is an issue too, but assuming there isn’t a timing deadline, allow me to address the ultimate issue. Is less better and more is worse, or is it the opposite true? Unfortunately, it depends.

    Unemployment Appeals In General

    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.

    More Help with Unemployment

    No attorney-client relationship is formed by contacting this law office. If you contact IAJ Law, LLC by phone, text, social media, e-mail or through any other means, you may not necessarily receive a response.

  • Checking Sports Scores At Work

    Checking sports scores at work can lead to conflict. When the conflict turns into a termination, employees have an opportunity to fight back. To see the case I referred to during Episode 006 of the Podcast, consider looking at Court of Appeals A10-146.

  • Unemployment and Quitter Confidence

    Quitter confidence impacts unemployment. For those unfamiliar with this term of art, quitter confidence is a term used to describe the level of confidence employees have in leaving their current job and finding a new one. This is an important concept in the labor market, as it is closely related to the unemployment rate and can provide valuable insights into the dynamics of the job market.

    When the unemployment rate is high, quitter confidence tends to be lower. This is because individuals may feel that there are limited job opportunities available and that it may be difficult to find new employment quickly. As a result, they may be less likely to quit their job and risk being unemployed for an extended period of time.

    Conversely, when the unemployment rate is low, quitter confidence tends to be higher. This is because there are more job openings available, and individuals may feel more confident in their ability to find new employment quickly. As a result, they may be more likely to quit their job and seek out new opportunities.

    The relationship between quitter confidence and the unemployment rate is complex and multifaceted. While a low unemployment rate can lead to an increase in quitter confidence, there are other factors that can impact an individual’s decision to quit their job, such as job satisfaction, salary, and career prospects.

    Job Market Impact

    Quitter confidence can have a significant impact on the labor market, as it affects the number of individuals who are actively seeking employment and the overall turnover rate of the workforce. When quitter confidence is high, there may be a higher turnover rate, which can create job openings and opportunities for new job seekers.

    On the other hand, when quitter confidence is low, there may be a decrease in the turnover rate, which can result in fewer job openings and less opportunity for new job seekers. This can lead to a stagnation in the labor market and a decrease in economic growth.

    Furthermore, while high quitter confidence can lead to an increase in job turnover and create job openings, it can also lead to increased competition for available jobs and put pressure on employers to offer competitive salaries and benefits in order to attract and retain employees.

    Understanding the relationship between quitter confidence and the unemployment rate is crucial for policymakers, economists, and employers, as it can provide insights into the dynamics of the labor market and inform decisions related to employment policies, job creation, and workforce development.

    In conclusion, quitter confidence and the unemployment rate are closely related concepts that have a significant impact on the labor market. By understanding this relationship and its various nuances, we can better understand the dynamics of the job market and make informed decisions to support economic growth and job creation.

  • Job Report Impact on Unemployment

    The job report can impact Minnesota unemployment claims and benefits. I see this most often with audits and work availability issues.

    The job report provides data on the number of employment opportunities created. The unemployment office uses this data when claiming a person is not finding work fast enough or that the applicant’s labor market is compromised. Unfortunately, these big words and phrases are terms of art utilized by the unemployment office.

    Back to the statistics that came out on this past Friday, this information is used by policymakers, economists, and investors to assess the health of the economy and make decisions related to employment and other economic policies. Right or wrong, these types of things find themselves intertwined with certain types of unemployment appeals.

    In addition to impacting the unemployment rate, jobs data can also impact an applicant’s confidence in their work search process or encourage other job seeking strategies. Overall, looking at employment numbers is an important indicator of economic health and can have wide-reaching impacts on individuals, businesses, and the broader economy.

  • Unemployment After A Layoff

    Unemployment after a layoff is not as easy as it sounds.  With inflation running wild and businesses laying off workers, I cannot help but address a very important point:  unemployment is not a guarantee. 

    The law aside, there are many factors that go into whether or not a person qualifies for benefits.  Some reasons are stronger than others.  When employers confuse or blur the lines, guessing isn’t enough. 

    As many people are finding out, unemployment after a layoff sometimes comes with strings attached.  Sometimes, this means a job loss is presented with a separation agreement.  This is followed with a wink, a nudge, and a monetary sum of money.  Not to fast though, because signing the dotted line can lead to bigger problems down the road.  This is especially true when we do not whether the next job is around the corner or light years away. 

    Unemployment Laws in Minnesota

    Before applying for benefits, consider some light reading.  First, look at Minnesota Statute 268.085.  This law outlines all kinds of rules on the framework of eligibility.  In fact, the name of the rule itself is called “Eligibility Requirements”.  When trying to understand unemployment benefits, you really cannot go wrong by reading the rules. 

    On the other hand, if a person is trying to obtain unemployment after either quitting or getting fired, consider reading Minnesota Statute 268.095.  Under this rule, you will find all kinds of reasons addressing benefits after a discharge and benefits as a result of quitting. 

    That said, reading each rule isn’t going to be good enough.  This is true because there are nearly 2,000 court cases helping us understand unemployment laws and to the extent benefits are granted.

    I know this is a lot to absorb.  Especially after a job loss.  Start simple.  The process of applying for benefits is just as important as submitting a resume.  In fact, some of the same principles apply in either situation.  Every question is a trick and knowing why you are offering specific information is crucial to the bigger picture.