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.

  • MN Workforce Center Advice is worth about 2 Cents

    MN Workforce Center Advice is worth about 2 Cents

    Workforce center advice about unemployment benefits in Minnesota is a bad idea.

    In fact, I would estimate most of the folks that contact me are doing so because they received horrible advice.

    Here are a few examples:

    Tell your story to the judge and everything will work out…

    Applicants do not need an attorney for their case…

    If an applicant looses, they can always appeal…

    Workforce Center Advice: Talking to an Unemployment Judge

    It isn’t the process of talking to a judge that is problematic for an unemployment claim.  Instead, it’s what people decide to talk about that becomes the problem.

    Talking with a judge is called testimony.  Being nervous can impact testimony.  Other times, I see applicants allowing the judge to lead them down a specific path versus having a clear goal or agenda.

    As soon as a person knows what and why they are giving testimony, talking becomes testifying with a purpose.

    Workforce Center Advice:  You Don’t Need an Attorney

    Finding out that the workforce center advice that a worker received was wrong is maddening.  Not everybody needs an attorney every step of the way.  Luckily, an ounce of help can go a long ways.

    I am a strong believer in advising workers on how to handle their unemployment case on their own merits versus assuming an attorney isn’t needed every step of the process.  Of course, there are situations that call for this type of attention, but not nearly as often most folks think.

    Sometimes, knowing you have a weak case versus a strong case is valuable.  Also, I think people find relief when they hear about alternatives to a denied claim.

    Workforce Center Advice:  Applicants can Always Appeal

    Yes, workforce center advice claiming a person can appeal is right.  On the other hand, the workforce center often forgets to tell folks that adding or changing the “record” after a phone hearing is extremely difficult.

    If a person fails at addressing issues of concern or fact during their phone hearing, they risk never having a valid opportunity to correct the deficiency going forward.  Of course there are exceptions, but the best time is during a phone conference with a judge.

  • Unemployment Benefits for a Third Shift Job are Not the Same

    Unemployment Benefits for a Third Shift Job are Not the Same

    Third shift jobs are about to start and I felt compelled to address this special group of unemployed workers.

    Thus, if you work the 3rd shift, I hope this short outline helps.

    Third Shift: Hourly Wage

    First, it takes a special type of person to work the third 3rd shift.

    In my experience, most workers in this category seek the 11-7 shift because they want a higher hourly wage.

    Third Shift: Independently Motivated

    Second, third shift workers are generally independently motivated employees.  I believe this because altering one’s sleep schedule and family life is all about sacrifice.

    Third Shift: Unemployment Benefits

    Third, unemployment benefits for a 3rd shift job are not the same as a day job because the definition of “suitable employment” applies differently.

    Suitable employment is a term used by the unemployment office to help us determine which jobs we are required to apply for during the unemployment process.

    The law that typically comes up in Minnesota is statute 268.085.  The rule reads as follows:

    Subd. 15.Available for suitable employment defined.

    (a) “Available for suitable employment” means an applicant is ready, willing, and able to accept suitable employment. The attachment to the work force must be genuine. An applicant may restrict availability to suitable employment, but there must be no other restrictions, either self-imposed or created by circumstances, temporary or permanent, that prevent accepting suitable employment.

    (b) Unless the applicant is in reemployment assistance training, to be considered “available for suitable employment,” a student who has regularly scheduled classes must be willing to discontinue classes to accept suitable employment when:

    (1) class attendance restricts the applicant from accepting suitable employment; and

    (2) the applicant is unable to change the scheduled class or make other arrangements that excuse the applicant from attending class.

    (c) An applicant who is absent from the labor market area for personal reasons, other than to search for work, is not “available for suitable employment.”

    As you can tell, the term suitable employment is as clear as mud.  What is suitable employment or not suitable employment is different for every third shift worker.

    In other words, employees are sometimes required to prove why seeking a subsequent third shift job is unnecessary going forward.

    Because the unemployment office sometimes uses this rule against a worker accustomed to a 3rd shift, I encourage being attentive and using case law to support all claims.

  • Fighting Anxiety When Giving Unemployment Hearing Testimony

    Fighting Anxiety When Giving Unemployment Hearing Testimony

    Hearing testimony during an unemployment case is very common.  In fact, I cannot think of one hearing that did not involve talking to a Judge.

    In my experience, many of my past Clients seek my help because they get anxiety just thinking about communicating with their employer or a judge.

    Because most of the applicants I meet with share this fear, I wanted to create a short list of suggestions.

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    Hearing Testimony:  Unemployment Help

    If a person cannot talk for themselves or they become easily confused, ask yourself:

    • Would practicing out-loud make the process easier to manage?
    • Is it possible that a mental health issue impacted employment too?
    • Would having evidence from a doctor make a case stronger?
    • Are there trigger words or dates that can help remind us what to talk about?
    • Is it reassuring that we can always ask for a break to step away to the restroom?
    • Would another person help the case when giving hearing testimony?

    Hearing Testimony:  Who can Ask Questions

    Another common stress or worry that I hear about is the fear of who will ask the questions?  Generally, anybody on the phone or at the court appearance can ask questions.  This includes:

    • The unemployment law judge,
    • An attorney,
    • The employer and their witnesses.

    Anxiety with this process is usually amplified because a person does not know what to expect.  Knowing that others will have an opportunity to ask questions can sometimes give relief.

    Also, I think it is wise to be prepared for making legal objections such that unfair questions can be put to a halt before they become damaging.

    Hearing Testimony:  Does Anxiety Really Matter?

    You already know that stress, depression and anxiety is a real thing.  For those that have sought help from their doctor, I commend you.

    For those needing help from their doctor, having a diagnosis can really have a positive impact on an unemployment case.  Especially those discharged for employment misconduct.

    Hearing Testimony:  Unemployment Benefits are Worth Fighting For

    Again, I know stress and anxiety impacts some of my Clients.  In fact, I think having anxiety over giving testimony to a judge or hearing a manager’s voice on the phone can make the situation even worse.

    Sometimes, knowing why and how to approach a claim is the best strategy to overcome anxiety.

  • Don’t be a Fool with your Executive Unemployment Benefits

    Don’t be a Fool with your Executive Unemployment Benefits

    Employees seeking executive unemployment benefits tend to have a condition I call “rational and reasonable“.

    Unfortunately, Minnesota’s unemployment system isn’t as rational or reasonable as you might have hoped.

    In my practice, I see executives make fabulous career advancements.  When a position or career gets derailed, I encourage executive employees to put away their ego and review whether they are eligible for MN unemployment benefits.

    Executive Unemployment:  Benefit Eligibility Issues

    In addition to benefit eligibility, here is a short list of issues I see most often:

    • Non-compete agreements,
    • Application of fringe benefits,
    • Buy-out agreements,
    • Stock option valuations,
    • Separation agreements,
    • Work related injuries, and
    • Wrongful termination claims.

    Unfortunately, all of these issues can impact or delay benefits.  The unemployment rules for a delay can be found under MN unemployment statute 268.085.  For conduct issues, I encourage folks to read and understand rule 268.095.

    Executive Unemployment:  Benefit Stereotypes

    If you want to talk about stereotypes, take a second look at the picture I used to highlight this article.

    Additionally, executive level workers in Minnesota get stereotyped when trying to collect unemployment benefits because they are compelled to disclose their salary and wages.  Whether it actually happens, I believe upper tier payment structures can impact the unemployment office.

    On the other hand, this is not a reason to stop an appeal or back away from applying in the first place.

    In other countries, workers of all levels buy an insurance product exclusive to a job loss.  In the United States, we have a different system that allocates tax dollars.

    With few exceptions, I hardly see valid reasons why an executive level manager should refrain from applying or appealing their benefit eligibility.

    Unemployment Benefits for Executives

    Luckily, the one ingredient that helps most employees in high levels is their acknowledgment of reducing risk.

    Luckily, the rules for lower wage workers and higher waged workers are the same.  In my experience, every person at every level can help themselves by filling in answers to application questions to reduce the risk of an unemployment appeal.

    For those already involved in the appeal process, Minnesota law favors workers and employees.  The trick is finding and applying the rules that apply to a specific situation.

  • Unemployment in Minnesota after Calling in Sick and getting Fired

    Unemployment in Minnesota after Calling in Sick and getting Fired

    Calling in sick and loosing your job is a horribly stressful.  The unemployment process in Minnesota is forgiving when workers call in sick and lose their job.

    However, the process in proving why you are eligible for benefits can be one problem after another.

    Calling in Sick:  Unemployment Rules

    Employees calling in sick are generally fired for one of three reasons:

    • They have too many absences,
    • The absence is “unexcused” or
    • The worker is told they didn’t follow procedure.

    When I meet with workers, I encourage workers to take a different strategy.  Instead, start looking at the rules that will help you win an unemployment case.

    One of the many rules used in Minnesota is a rule called 268.095.  The unemployment process defines the process of making a mistake “employment misconduct”.

    Thus, I think the first step in proving a called in sick case is knowing about the employment misconduct rule.

    Calling in Sick:  Should You Quit?

    Rarely do I encourage workers to quit their job after calling in sick.  Believe it or not, some employers will make a worker feel like quitting is the only option.  As you might expect, I disagree.

    Calling in sick generally means a one time or one shift or one day occurrence.  I do not view this process as a long-term perpetual disease or medical problem.  I view more impactful medical conditions differently because different laws generally apply.

    Yes, there are unemployment laws in Minnesota that can support workers with a medical condition.  Unfortunately, Minnesota also has rules to make a person ineligible for benefits because they have a medical condition too.

    In practice, a person trying to protect their unemployment benefits should know why and how the rules will impact their application for benefits.

    Calling in Sick:  Unemployment Cases in Minnesota

    I wish it wasn’t so, but every worker experiences something a little different because everybody has a different boss and most workers have:

    • Different employee handbooks,
    • Previous storylines,
    • Co-workers treated differently than themselves.

    So, before you start researching different cases supporting or denying benefits for being sick, be proactive by proving why you are right.

  • Managers Unemployment has reached 26.5% in Minnesota

    Managers Unemployment has reached 26.5% in Minnesota

    Managers unemployment statistics are increasing at an alarming rate.

    Even though the unemployment rate in MN is 3.3%, the unemployment rate for managers in Minnesota is 26.%.

    Managers Unemployment:  What are the Numbers?

    Compared to the past year, approximately 200 more supervisors in 2016 than 2015 requested unemployment benefits.

    My hope for 2017 is that managers and bosses trying to appeal their benefits will take an appeal seriously to reduce the risk of having their unemployment benefits denied by MN.

    Managers Unemployment:  Who Does this Include?

    The term “manager” is an occupation defined by the Department of Labor.  Really, it is easier to identify who is not a manager versus define who is considered a supervisor.

    A manager does NOT include:

    • Business operations,
    • Financial operations,
    • Computer occupations,
    • Mathematical occupations,
    • Sales, or
    • Office support staff.

    Managers Unemployment:  Why this is Important?

    In my experience, this is why these numbers are important:  because the unemployment office can scrutinize a person’s labor market.

    If I am a manager and I lost my job, then logic says I should look for another manager job.  The unemployment statistics referenced above suggest that this will be a difficult process.

    As a result, I want to prepare myself early and quickly by including  jobs outside my labor market into my job search process.

    Managers Unemployment:  Appealing Benefits

    Unemployment appeals specific to managers is another interesting.  Generally, managers trying to collect unemployment benefits do not have many issues when their job loss is due to a layoff.

    However, employers who like to exaggerate will claim their manager failed in their responsibilities, acted intentionally or were negligent.  In layman’s terms, the unemployment office calls this employment misconduct.

    Even though managers unemployment levels are high, conceding your claim because you are accused of misconduct is unacceptable.  As stressful as it might appear, I encourage digging in and proving up your case.

  • 1,699 Different MN Unemployment Law Cases for this Rule

    1,699 Different MN Unemployment Law Cases for this Rule

    How many MN unemployment law cases are there for appeals in Minnesota?  Alone, there are 1,699 public cases that discuss Minnesota statute 268.095.

    By the time you read this, the number of cases will increase.

    While some cases are unpublished, these types of cases still offer value.  For applicants appealing their claims because of employment misconduct or quitting, published cases are even more important.

    If you are looking for updated cases, consider contacting the Minnesota Court of Appeals.

    Otherwise, if you are appealing an unemployment case and it involves the quit or discharge law, please take your appeal seriously.

  • 8 Easy Tips to Prevent Unemployment Office Problems

    8 Easy Tips to Prevent Unemployment Office Problems

    In Minnesota, unemployment office problems can look or feel different to every person.

    Look, I do not want you to experience problems.  Unfortunately, problems unfold without people even knowing that it is occurring.

    I believe the best solution to an unemployment problem is identifying the issue.  If you cannot do this, then perhaps the following tips can help problems from arising.

    Tips to reduce Unemployment Office Problems

    Here is a good start to prevent unemployment office problems in Minnesota:

    1. Do not visit the workforce center and share your whole story.
    2. Try to predict how or when your employer might lie about key events.
    3. Telling the unemployment office about a medical issue is not always a good idea.
    4. Prepare for an appeal by obtaining evidence before it  occurs.
    5. Assume your unemployment will get denied.
    6. Pay attention to your online account.
    7. Read your mail every day.
    8. Take the application process seriously.
    9. [BONUS]  *** Even if it has been 2 years since you received benefits,  update your online account when or if you move to a new residence.
  • An Unemployment Weekend is Cold and Full of Stress

    An Unemployment Weekend is Cold and Full of Stress

    An unemployment weekend is stressful in Minnesota because the unemployment website is closed.

    Yes, an applicant is unable to access their account on the weekends and this causes stress.  Luckily, I believe most unemployed applicants can use this time to prepare for their appeal or hearing.

    If you are unemployed and browsing the web this weekend about unemployment issues, you are not alone.

    Thus, I encourage you to stay positive and send me a message if you see the need.

  • Top 8 Unemployment Legal Objections

    Top 8 Unemployment Legal Objections

    Unemployment legal objections can come from people who are non-lawyers.  Legal objections specific to your unemployment claim apply in two areas:

    (1) Documents submitted by DEED or the other party

    (2) Questions asked by the other party

    Unemployment Legal Objections to documents

    The following is a list of common legal objections a person can make during their hearing if they do not agree with a document:

    • Objection Relevance
    • Objection Hearsay
    • Objection Foundation

    Unemployment Legal Objections to questions

    The following is a list of common unemployment legal objections a person can make during their hearing if they do not agree with a question:

    • Objection Hearsay
    • Objection Assumes Facts
    • Objection Misinterpretation
    • Objection Misquotes
    • Objection Unclear

    When to make Unemployment Legal objections

    A person representing themselves should consider making your legal objections as soon as they believe there is an issue.  In other words, do not wait.

    What happens after you make a legal objection?

    After a person makes a legal objection, the unemployment law judge will make a ruling.  This means the judge will decide whether your objection applies and if how it impacts your case going forward.

    What if you do not make a legal objection

    If a person does not make an objection, the issue of concern likely will become unrecoverable or may not be reviewed going forward.

    Help with other Unemployment Legal objections

    Please contact this law office if you need help with determining whether an unemployment legal objection is applicable.

  • Unemployment for Independent Contractors: Flight or Flee?

    Unemployment for Independent Contractors: Flight or Flee?

    Unemployment for Independent Contractors in Minnesota is tricky. Independent contracting cases are strange because the laws in Minnesota keeps changing.  Even worse, the rules change based on a worker’s occupation.

    As you might expect, employers do not want to call you an employee because they will owe thousands of dollars in unemployment taxes and payroll taxes. One way employers try to get through this process is by conveniently calling a worker a contractor.

    The reason this issue is such a big deal is that it impacts whether a worker is eligible for unemployment benefits. So, I wanted to quickly work through a few rules to consider.

    Unemployment Rules for Independent Contractors

    The first rule is simple:  independent contractors do not get unemployment benefits in Minnesota.  For this reason, workers who are trying to seek this benefit should be arguing why they were an employee.

    MN independent contractors are governed by dozens of statutes, rules and law cases. As a result, pinpointing the right law and rule is critical.

    Which Law Applies?

    You must assume all of the laws apply and be prepared for the reasons that help your case. Generally, a worker will need to be prepared for the following issues:

    • Use of office, equipment, and materials,
    • Tax return process,
    • Contracts (verbal and written) used,
    • Expenses related to the service or work,
    • Responsibility and satisfaction of work completed,
    • Payment process (commissions, bid process, or other wage methods),
    • Profits and losses, and
    • Recurring business liabilities.

    Even more important, workers need to be prepared to combat what their employer might say too.

    Contractor Audits

    At first glance, the rules for defining a contractor are crazy, strange and all over the board.  Luckily, you can help yourself by looking for two things:

    • Is an auditor asking you questions, or
    • Are you being informed about filing an appeal?

    Unfortunately, the Work Force Center, auditors, and field agents are not necessarily on your side. Thus, prepare accordingly.

    Minnesota Laws for Independent Contractors

    Every employee and employer relationship is different.  Some people believe they are following rules and guidelines defined by the IRS.  Other employees have written contracts and some workers make verbal agreements.

    In other words, protect yourself before the situation gets more challenging.

  • Do Not Quit, Standing Together

    Do Not Quit, Standing Together

    Do not quit.  Together, anything is possible.  Whether you need help from your family or a professional, I encourage you to keep moving forward.

    When things are going bad, do not get bummed out or frustrated.  Take your problem and turn it into something bigger and better.

    Maybe we can work together.  Or, maybe you find that we are not a good fit.  Either way, do not quit.