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.

  • Hide from Unemployment or Fight Back

    Hide from Unemployment or Fight Back

    If you hide from unemployment or Minnesota’s unemployment office, this generally means one of two things:

    • You are fearful of an unemployment audit, or
    • Unemployment sent you a questionnaire.

    Luckily, you found me and the process of sending me a message or calling me directly is easy.  On the other hand, maybe you will sleep better if you consider this short list of suggestions:

    Hide from Unemployment: Deadlines

    Every deadline is important.  Do not hide from unemployment if you have a deadline.  Even if their deadline is less than an hour, always always always take any identified deadline as gospel.

    I agree, some of the unemployment deadlines in Minnesota are ridiculous if not a black and white breach of our Constitution.  If you know about a deadline, abide by it.  For those who didn’t know about the deadline, try to manage it going forward.   If you forgot about a deadline, try to collect unemployment through a secondary process.

    Hide from Unemployment:  Job Search

    I wish unemployment was a vacation.  If it were, things would be easier.  Do not hide from unemployment because you know you are going to get a job.

    Even the most talented people on the planet become unemployed.  Eligibility in Minnesota requires searching for a job.  As a result, I encourage everybody to keep a written log book of their job search process so they can prove their duty of looking for work.

    Hide from Unemployment:  Estimation

    Do not hide from unemployment because you are bad at estimating.  If you don’t know, you will eventually find out that each week requires answering standardized questions.  One of the questions asks about the hours and wages you earned for that particular week.

    In my experience, estimating or guessing can become problematic.  It isn’t necessarily impossible to overcome, but estimating is a weak strategy.

    Hide from Unemployment:  Bad Answers

    Do not hide from unemployment because you do not know the answer to a question.  Your game plan for success requires you to find answers to a question before it is asked.

    Flying by the seat of your pants or saying “I don’t know” is setting yourself up for failure.

    Hide from Unemployment:  Audits are Easy

    Do not hide from unemployment if you get audited.  Any answer or the lack of an answer can be construed against you.  This plays into my theory of never giving a bad answer.

    The alternative is one or the other:

    • Prepare to give back your unemployment, or
    • Turn your back on thousands of dollars.

    Luckily, you are not going to let this happen.

  • If Your Employer Said No Unemployment

    If Your Employer Said No Unemployment

    If your employer said no unemployment, then you were misled.  An employer does not have the power to deny your claim for benefits.

    Yes, an employer can tell the unemployment office why you should not get benefits, but former employers are not the decision maker.

    Luckily, you are going to out smart your former employer and show them why they are wrong.

    Employer Said No Unemployment

    Saying no is easier than saying yes.  I believe employers tell their workers that they will not get unemployment because employers do not want employees to file a claim for benefits.

    Any person believing they are eligible for benefits can apply for unemployment.  The rule that governs eligibility in Minnesota is Rule 268.085.

    Your Employer is Wrong about Unemployment

    I believe every worker should fight for their benefits.  Here are three easy reasons why:

    • Filing an unemployment application or appeal in Minnesota is free,
    • Employers (and HR departments) are wrong a lot, and
    • Even if it requires hard work, you owe it to yourself to make this right.

    Employer Said No to What?

    Often, I see Clients get stuck  on what their former employer says when sometimes it can be a better use of their time to focus on why their claim will get approved (or overturned).

    What I mean is this:  is there a specific point when you, the applicant forced the unemployment office to say no?

    • Were your answers in within application confusing?
    • Employers lie,
    • Employment misconduct is easily confused,
    • Did you tell the unemployment office that you had a medical issue?

    Unfortunately, all of these things can be show stoppers.  It doesn’t mean a person cannot receive unemployment benefits.  The unemployment needs help to decide in a person’s favor.

    Luckily, you can do the easy way (know what law supports your benefits) or the hard way (by guessing).

    If Your Employer Said No Unemployment, Do This Instead

    Instead of getting mad or spending silly hours stressing over the process of loosing your house, pony up to a lock solid process:

    • Tell yourself you can do this,
    • Find out if you have any immediate deadlines,
    • Send a letter to your former employer and ask them for a copy of your employment file and anything else you find relevant or important,
    • Demand notice about your termination,
    • Research what you need to prove and what you need to say to show why you are eligible for unemployment benefits,
    • Prepare for your phone conference with an unemployment judge as if you need to prove why you are owed thousands and thousands of dollars.
  • You Say Yes, Unemployment Said No, You Say Why, Hello Hello

    You Say Yes, Unemployment Said No, You Say Why, Hello Hello

    Unemployment said no, and you don’t know why.  The stress of a job ending can multiply if the unemployment office says no.

    Luckily, you are going to use your choice to appeal and show them why they are wrong.

    Why Did Unemployment Say No

    Saying no is easier than saying yes.  In the year 2015, Minnesota’s unemployment office improperly paid out $54 million dollars in unemployment benefits.

    In other words, the unemployment office is almost forced to say no until applicants, workers or employees are able to prove the State wrong.

    No, the Unemployment Office is Wrong

    I believe every worker should fight for their benefits.  Here are three easy reasons why:

    • Filing an unemployment appeal in Minnesota is free,
    • The unemployment office gets things wrong all of the time, and
    • Even if it requires hard work, you owe it to yourself to make this right.

    Unemployment Office Said No to What?

    Often, I see Clients get stuck  on what their former employer says when sometimes it can be a better use of their time to focus on why the unemployment office said no.

    What I mean is this:  is there a specific point when you, the applicant forced the unemployment office to say no?

    • Were your answers in within application confusing?
    • Was there a deadline?
    • Do you work for a temp agency?
    • Did you receive a severance payment?
    • Did you tell the unemployment office that you had a medical issue?

    Unfortunately, all of these things can be show stoppers.  It doesn’t mean a person cannot receive unemployment benefits.  The unemployment needs help to decide in a person’s favor.

    Luckily, you can do the easy way (know what law supports your benefits) or the hard way (by guessing).

    If Unemployment Said No, Do This Instead

    Instead of getting mad or spending silly hours stressing over the process of loosing your house, pony up to a lock solid process:

    • Tell yourself you can do this,
    • Find out if you have any immediate deadlines,
    • Send a letter to your former employer and ask them for a copy of your employment file and anything else you find relevant or important,
    • Research what you need to prove and what you need to say to show why you are eligible for unemployment benefits,
    • Prepare for your phone conference with an unemployment judge as if you need to prove why you are owed thousands and thousands of dollars.
  • Unemployment Rules in MN Are Not All the Same

    Unemployment Rules in MN Are Not All the Same

    Because unemployment rules are not the same as unemployment statues, I encourage applicants to know about both.

    As I have referenced in other posts, seeking eligibility is not a hopeless process.  Yes, it can be frustrating, but only for the people who do not know the rules.

    I believe every worker and employee in MN can use these rules to their advantage.

    Unemployment Rules in Minnesota

    Rules for unemployment are found here.  In my experience, people working at the workforce center have absolutely no concept how these rules work.

    Every unemployed worker in Minnesota trying to prove or show eligibility should know these rules inside and out.

    If an applicant spends time reviewing the rules, they will  ind very concrete information about:

    • Rescheduling a hearing,
    • Evidence,
    • Witnesses,
    • Subpoenas, and
    • What happens at unemployment hearing.

    Unemployment Statutes in Minnesota

    When I meet with a person, I use the term law interchangeably with unemployment rules and statutes.

    In Minnesota, an applicant can find statutes here.

    If a worker or employee reviews these rules in whole, they will find help with:

    • Definitions of commonly used terms (like employment misconduct or wages),
    • When benefits are paid, and
    • How to appeal an unemployment case.

    When do Unemployment Rules in MN apply?

    The rules for unemployment always apply.  Assuming otherwise can be a mistake.  Likewise, statutes impact every appeal too.

    Really, there is rarely a situation when both rules and statutes are not in play.

    More help with Unemployment Rules in Minnesota

    Any worker or applicant trying to conduct their own research should consider visiting a law library and utilize WestLaw.com.

    Most law libraries in Minnesota allow patrons (non lawyers) to access free legal research tools.  In my experience, an employee trying to access unemployment rules and statutes can use free resources to determine if a rule has a legal precedent.

  • Supplemental Unemployment Benefits Turn Bad

    Supplemental Unemployment Benefits Turn Bad

    Supplemental unemployment benefits are confusing.  In fact, this term has been confusing so many people that the Minnesota Supreme Court reviewed a case just a short while ago specific to supplemental unemployment insurance.

    If you are seeking an appeal and anticipate an issue with supplemental unemployment benefits, please contact me.

    What are supplemental unemployment benefits?

    Supplemental unemployment benefits are benefits that derive from an insurance product.  Some workers purchase this product while others are given the product as an element of their employment benefits.

    Generally, supplemental benefits are viewed as a pay check from an insurance company, which is paid to an unemployed person eligible for Minnesota’s unemployment benefit program under rule 268.085.

    When are Supplemental unemployment benefits a problem?

    For quite sometime, the unemployment office has been confused on whether supplemental benefits count as “wages”.  What is or is not a wage benefit is denied under Minnesota rule 268.035.

    If considered wages, supplemental unemployment benefits may have delayed or worse, denied a person’s separate unemployment benefit.

    Are SUB benefits different?

    In Minnesota, supplemental unemployment benefits are also called SUB.

    Exceptions to SUB wages

    Yes, in Minnesota, there are approximately 17 types of payments that are not considered wages.  One of the many exceptions includes payments made to supplement unemployment under a plan established by an employer.

    Just to name a few, other exceptions include:

    • Payments to or from a trust under  United States Code, title 26, section 401(a) ,
    • The value of any special discount or markdowns,
    • Royalties,
    • Non qualified stock options,
    • Sickness or disability benefits,
    • And approximately 12 other exceptions found here.

    Goal for Applicants

    The goal for applicants is to show or prove why their supplemental benefits are the same as an exception referenced above.  Again, there are 17 different exceptions and a worker should use every exception to their advantage.

    Help with supplemental benefits

    As you know, your benefit package is significant.  Because Minnesota laws on this point are very murky, please consider contacting me for help.

  • 268.095 Minnesota Law Ends Unemployment

    268.095 Minnesota Law Ends Unemployment

    Introduction to MN Statute 268.095

    268.095 Minnesota law applies to unemployment claims and appeals. Unfortunately, this unemployment law can cause lots of problems for applicants.

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    In general, the Minn. Stat. 268.095 impacts whether or not a person is eligible for benefits.

    Assuming this law pops up, every worker appealing their case should print and read this Minnesota unemployment law over and over, until they feel comfortable with their intended goal.

    Video Discussion UI MN Statute 268.095

    MN Stat. 268.095

    Three Types of Claims for 268.095

    This MN statute is divided into many subdivisions and sections.  In my experience, there are three types of claims:

    • Workers who quit their job,
    • Employees who are fired, and
    • People who believe both laws apply.

    Unemployment Quit

    For workers who know that they quit, subdivisions (1), (2) and (3) may apply.

    Unemployment Discharge

    For workers who know they were fired or discharged, subdivisions (4), (5), (6) and (6a) of Minnesota statute 268.095 may apply.

    That said, applicants must be well adverse for all three issues, just in case the issue is raised by a former employer or addressed by the unemployment law judge.

    MN Unemployment Quit Laws

    Yes, there are many ways for an employee to quit their job and acquire unemployment benefits in Minnesota.  

    Compare a “good reason” with other legal cases. If this isn’t possible, consider the following research tool: WestLaw.com.

    Termination and Discharge Laws for 268.095

    Employees accused of employment misconduct are different and utilize a different section of the law.

    The term employment misconduct in Minnesota is going to be fact specific.  In other words, I believe nearly every case is different because it will involve:

    • A different manager or supervisor or boss,
    • A different customer,
    • A job specific policy or procedure, and
    • Utilize a job history generally specific to each worker.

    Like I mentioned above, utilizing research tools mentioned above may help clarify your situation or goals.

    Employment Misconduct and MN Statute 268.095

    Employment misconduct is another significant element of this section of Minnesota law.

    In general, there are a handful of arguments that employers utilize. This includes intentional acts, duties, and indifferent conduct.

    Luckily, there are far more opportunities for a worker or employee. That said, the first issue is always determining how a job ended and for what reasons.

    Changes to MN Statute 268.095

    Over the years, Minnesota statute 268.095 has changed many times.  In fact, this law office estimates this specific rule or 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.

    Other Impacts to Minnesota Statute 268.095

    The biggest factors when trying to win a case where this law applies is applying a strong legal precedent.

    Legal precedent is the hundreds and thousands of cases that provide examples of what is considered a good reason to quit or employment misconduct.

  • Minnesota Unemployment Fraud

    Minnesota Unemployment Fraud

    When a person is accused of Minnesota unemployment fraud, the first two feelings generally felt is stress and fear.  I believe every Applicant seeking benefits has the power to clear their name.

    Generally, most Applicants are tripped up when answering their weekly benefit questions.  Unfortunately, reflecting on past application questions can be difficult.

    For this reason, I encourage Workers to consider the following when engaging unemployment fraud:

    • Make a notebook of job search activities,
    • Print out monthly calendars,
    • Map hours worked (if any) on a weekly basis,
    • Map wages (if any) received on a weekly basis, and
    • Make a list of every job sought or applied too.

    Minnesota Unemployment Fraud – Statute 268.18

    Next, I encourage Workers to review the laws and rules.  I believe:

    • Everybody’s situation is different, and
    • Fraud can be limited to one week of benefits or many months of benefits.

    One of the main rules that applies to an unemployment case is Minnesota statute 268.18.

    Legalese of Minnesota Unemployment Fraud

    The rule for fraud says a person has committed unemployment fraud in Minnesota if they received unemployment benefits by:

    • Knowingly misrepresenting, misstating, or failing to disclose any material fact, or
    • A Person making a false statement or representation without a good faith belief as to the correctness of the statement or representation.

    Yes, that is a mouth full.  Not to worry.  I would like to briefly introduce this topic in my video below:

    Criminal Rule for Unemployment Fraud – Statute 609.52

    Yes, sometimes an Applicant can be impacted by a criminal law too.  The criminal rule for unemployment fraud in Minnesota is rule Minnesota statute 609.52.  Rule 609.52 is a criminal rule and different from the rule stated above.

    Overlap of both rules

    Yes, there is overlap between unemployment rules and criminal rules.  The overlap is seen here:  Minnesota statute 268.182.

    What should you do if you are accused of Minnesota Unemployment Fraud?

    Every person reacts differently.  In my experience, it is easier to access a process by pinpointing where the issue may have started.

    If you do not know where it may have started, then I encourage Applicants to practice good judgment in their preparation.

    Other issues to be aware of:

    I believe the office managing unemployment benefits prefer charging a person with unemployment fraud because:

    • The monetary penalties can be up to 40% (which is really high), and
    • Yes, there are ways the unemployment office can create an infinite period of time to collect their money.

    Does Minnesota Unemployment Fraud happen a lot?

    As requests for unemployment benefits becomes more difficult, unintentional Minnesota Unemployment Fraud is happening too.

    Based on various articles I have reviewed and dating back to the year 2009, an unemployment overpayment has become twice as likely.

    As you can see, Minnesota’s unemployment office overpaid Applicants millions and millions of dollars in benefits.

    What is the process for Minnesota Unemployment Fraud?

    Specific to unemployment fraud under rule 268.105, an Applicant can appeal an unemployment overpayment claiming fraud.

    The process for unemployment fraud under Minnesota statute 609.52 depends on the County, the amount owed, and whether or not you are seeking an appeal through the unemployment process.

    What is the difference between Non-Fraud and Minnesota Unemployment Fraud?

    A Minnesota Unemployment overpayment is classified under two categories: nonfraud and fraudulent.

    Unemployment fraud can impact your credit history, professional licensing, and the monetary penalties.

    Although rule 268.105 identifies a standard procedure, your rights and the burden of proof is different.

    Thus, every case is different too.

    What should you do about being accused of Minnesota Unemployment Fraud?

    Yes, Applicants seeking benefits have rights.  However, judicial decisions are important and need your attention.  Otherwise, a Worker might inadvertently waive their rights.

    Should you hire a lawyer for Minnesota Unemployment Fraud?

    Fraud is way to series to mess around with.  Please consider contacting me if you want to discuss your specific situation.

  • Why Seasonal Unemployment Stinks

    Why Seasonal Unemployment Stinks

    Seasonal unemployment can stink for non-union workers.  I believe you have an opportunity to fight back.  Today, I will focus on my non-union friends.  

    Yes, unemployment rules are different for non-union workers versus union workers.  Even more significant, non-union workers can be categories as:

    • Agricultural workers and
    • All other workers.

    Provided you are able to categorize your job status, I hope you find the following outline exclusive to workers concerned they will be laid off after the busy season helpful to your unemployment process.

    Rule 1 why Seasonal Unemployment Stinks

    You already know this, but I will express it anyways.  Having a seasonal job stinks because it is impossible to guess when the job will end.  Unless there are extenuating circumstances, I believe a worker can improve the likelihood of being eligible for benefits when they work every possible day.

    In other words, do not end your job prematurely because you know the job will end sooner than later or somebody stated the job was going to end.  Instead, stick it out until they [your employer] specifically states you cannot work and you are not allowed to come back.

    Rule 2 why Seasonal Unemployment Stinks

    The second reason why seasonal unemployment is no fun is because workers sometimes want a more permanent job that pays the same or more than their last job.

    Minnesota unemployment rules for seasonal unemployment suggest a worker likely has to accept a temporary job.  However, a worker’s skill, job market and wage history impacts the worker’s eligibility.

    Rule 3 why Seasonal Unemployment Stinks

    The third reason why seasonal unemployment stinks is because certain payments delay unemployment benefits.

    Obviously a seasonal worker finding themselves out of work needs benefits as soon as possible.  Unfortunately, these types of payments delay benefits:

    • Vacation pay,
    • Sick pay,
    • Personal time off pay, and
    • Separation pay.

    In my experience, some workers do not know why or how much money to expect in their paycheck.  Sometimes, workers get pay checks weeks or months after their job ended.

    Long story short, keep accurate records and do your very best to answer weekly eligibility questions with precision.

    Other Minnesota laws impacting Seasonal Unemployment

    Yes, there are many other laws that impact a worker’s eligibility.  I encourage all seasonal workers in Minnesota to familiarize themselves with the following:

    Those needing Help

    Before the summer jobs come to an end, please share this article with others.

  • Does Unemployment Nice Really Work?

    Does Unemployment Nice Really Work?

    Unemployment nice is a term I use to describe a losing strategy used by many applicants trying to acquire unemployment benefits.

    Being nice to your pet builds a strong bond.  Being nice to the unemployment office helps when you need administrative assistance.  However, using unemployment nice is not an effective legal strategy when you are trying to prove your eligibility.

    Unemployment Nice does not work

    Look, every piece of information an applicant gives to the unemployment office needs to support your eligibility for benefits.  Instead, you may inspire an audit from the unemployment office by:

    • Being whimsical,
    • Describing your medical history,
    • Identifying an error or mistake,
    • Telling them about your vacation,
    • Explaining your educational aspirations,
    • Asking if certain income will count against your wages,
    • Or telling the unemployment office about your job application process.

    Because most people do not like the idea of being audited or scrutinized, please be ready for anything and everything.

    Unemployment Nice with your Judge

    Absolutely, every person should be nice to their unemployment law judge (“ULJ”).  Unemployment nice is different from being polite.  Time and time again I hear or see applicants trying to play the nice card as if it will help them acquire benefits.

    Yes, most unemployment law judges will see right past this and you need to have your ducks in a row.

    Unemployment Nice with administrative stuff

    Yes, be nice to the people answering phone calls to assist you with access to your unemployment account or password.  But, restrict the temptation to tell your story just to see what “they” might think.

    Instead, access free resources and conduct your own legal research by comparing your case to publicized decisions.

    Unemployment strategies that work better

    If you need help figuring out what to do, what to say, correcting an error or combating a lie, please consider contacting me for help.

  • My Temp Agency Job Ruined my MN Unemployment

    My Temp Agency Job Ruined my MN Unemployment

    The combination of MN unemployment temp agency benefits is stressful.  If you can, do not mix them.  If you cannot help it, then consider the following.

    How does the temp agency process start?

    Often, unemployment appeals begin and end when an applicant applies for work at a temp agency.  Here are the problems an unemployed worker seeking temp jobs will run into:

    • Wage reporting,
    • Failing to recognize when a work week starts or ends,
    • Turning down a temp job for the wrong reasons, and

    At first, work through a temp agency might seem like a necessity.  If this is your decision and you are collecting or anticipate collecting unemployment benefits, take extreme caution going forward.

    From the perspective of the job seeker, a job through a temp agency is “temporary.”

    From the perspective of the unemployment office in Minnesota, a person who turns down a “temporary” job is no longer eligible for unemployment benefits going forward.  As suggested above, this issue can instigate an unemployment appeal.

    Elements of MN Unemployment Temp Agency

    First, please recognize that a person requests unemployment benefits on a week to week basis.

    Each week, the worker will report whether they are working.  The process of answering questions presented by the unemployment office is often where the risk of an unemployment appeal begins

    Because work through a temp agency is often “temporary”, there are many legal issues related to temp agencies that can get a person in trouble.  For example, a person can become ineligible for unemployment benefits indefinitely after turning down or rejecting a job offer from a temp agency.

    Also, if the unemployment office in Minnesota willy nilly determines a worker failed to accept a valid job offer, that worker could be deemed ineligible for unemployment benefits for each future week.

    Yes, this rule can be true even if the job was “temporary” or if the wages the person was expecting from the temp agency become less and less each subsequent week.

    Other confusing parts for temp workers and their unemployment benefits

    Working at a temp agency can be confusing in terms of hours worked and hours paid.

    A person who works 32 hours or more in any given week is automatically ineligible for unemployment benefits in Minnesota.  From the perspective of the unemployment office in Minnesota, it doesn’t matter whether or not the worker was paid for their labor.

    Yes, there is a government agency (the Department of Labor) that protects workers from this issue.  But, it is not as significant of an issue in terms of unemployment benefits.  Again, this alone can instigate an unemployment appeal.

    Being alert while you are unemployed

    Once a person applies for a job through a temp agency they have to be on alert.  The worker who is collecting unemployment benefits and applying for work through a temp agency has to be on alert because a job offer (even for a day) can be proposed with or without notice.

    The general rule is the moment a worker turns down or rejects a temporary job offer, the person is now ineligible for unemployment benefits indefinitely.  Luckily, there are exceptions to this rule too.

    Double trouble for MN Unemployment Temp Agency

    Another example related to wages can be seen in this example called “double trouble.”

    For a moment, lets assume a person worked at a temp agency some two weeks in the past and was not paid until today.  If the worker was ineligible for unemployment benefits two weeks ago after working more than 32 hours, believe it or not, the wages paid after the fact will also reduce the person’s eligibility for unemployment benefits during the week the worker was paid.  I call this “double trouble.”

    My point about temp jobs and unemployment benefits

    A person who is collecting unemployment benefits in Minnesota and works or anticipates work through a temp agency can unknowingly increase the likelihood of an appeal for unemployment benefits.

    Yes, it is okay to pursue both, but every Applicant trying to manage MN unemployment temp agency should take steps to protect themselves too.

  • How My Public Unemployment Appeal Made Things Worse

    How My Public Unemployment Appeal Made Things Worse

    Would you file a public unemployment appeal to fight a lie about being drunk at work?

    Being drunk at work is a problem.  Telling the whole world you were not drunk at work can be a bigger problem.

    I believe every person seeking an unemployment appeal should consider alternatives to their eligibility for benefits before seeking a public unemployment appeal.

    Types of unemployment appeals

    Recently, an applicant seeking unemployment benefits filed a public appeal and made a mess by turning their case into public information.

    In Minnesota, there are generally four types of unemployment appeals:

    1. Phone appeal (Level 1),
    2. Request for reconsideration (Level 2),
    3. An appeal to the Minnesota Court of Appeals (Level 3), and
    4. An appeal to the Minnesota Supreme Court (Level 4).

    The rules governing an appeal for benefits include a rule called statute 268.105.

    How a case turns into a public unemployment appeal

    With very few exceptions, nearly every case filed with the Minnesota Court of Appeals or Minnesota Supreme Court will become public knowledge.  For many, the fear of having their case “googled” when seeking future employment can be scary to think about.

    That said, every case has the risk of becoming public because:

    • Applicants cannot control their former employer’s right to appeal,
    • Records can be subpoenaed by third parties, and
    • Applicants themselves induce a Level 3 or Level 4 appeal.

    Fearful of a public unemployment appeal

    Spending time being fearful of a public unemployment appeal is not necessarily time well spent because there are a number of situations workers or applicants trying to become eligible for unemployment cannot prevent.

    On the other hand, knowing about the application process and eligibility alternatives can have a positive impact on a person’s success for acquiring benefits in Minnesota.

    In my experience, knowing when or how to appeal a case can reduce fear, anxiety and factual issues calling for redaction.

    Help preventing a public unemployment appeal

    The bottom line is this – there is more than one way of becoming eligible for benefits in Minnesota and I prefer alternatives versus telling the world about a problem that could have remained private.

    If you need help preventing an unemployment appeal or making a decision about a public case, please consider contacting me for help.

  • 4 Heads Are Judging Unemployment

    4 Heads Are Judging Unemployment

    Judging unemployment is serious stuff.  I believe the process of seeking unemployment should not start with telling your whole story and finding ways to reduce stress or anxiety.

    Instead, take this process in strides and chunks.

    The first person judging unemployment is…

    The very first person who gets to judge your unemployment claim is YOU!  Being approved unemployment benefits is not based on principle.  Instead, unemployment claims are decided by rule 268.095.

    Sometimes, the best plan is identifying a specific fact applicable to a rule supporting your eligibility.

    Unfortunately, those filling out applications will judge their own merits and fail at identifying the important parts.  In my experience, the most difficult element to separate is emotion.  If you are emotional about your own case, then very likely you have already misjudged your own claim.

    The second person judging unemployment is…

    The second person judging unemployment claims are those reviewing your application.  In my experience, these folks are very unskilled.

    I say this with good intentions because I acknowledge the group of people reviewing unemployment applications have spent zero time reviewing past cases available to the public.

    One of the best ways around this is sticking to facts and the laws favoring eligibility.  Another method, which many people claiming unemployment take, is wishing for the best and appealing a denied claim.

    The third person judging unemployment is…

    The third person judging unemployment claims are people called unemployment law judges or ULJ.

    Yes, unemployment law judges are lawyers hired by the unemployment office who serve as impartial reviewers of unemployment claims.

    In other words, much like a judge you have seen on television or a past experience, an unemployment law judge does everything another judge might do.

    The fourth, fifth and sixth person judging unemployment is….

    Yes, an applicant seeking unemployment benefits can have their case judged by even more people than three.

    If a person decides to appeal their case to the Minnesota Court of Appeals, a fourth, fifth and sixth person will be judging the case.

    When should I judge your case?

    I agree – this stuff can be stressful and overwhelming.

    I believe every applicant can save money and reduce stress by seeking my judgment early on or leaning on a rule that might improve the likelihood of your eligibility.

    If you need help, please contact me directly.