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.

  • 7 Rules for Minnesota Unemployment Eligibility You Didn’t Know About

    7 Rules for Minnesota Unemployment Eligibility You Didn’t Know About

    There are seven rules for Minnesota Unemployment Eligibility.  Yes, there are many other rules and guidelines an applicant should consider, but 7 big ones at a minimum.

    Before taking on the unemployment office, consider the following.

    First, Bad News About Minnesota Unemployment Eligibility

    Bad news first, right? The unemployment office looks at eligibility issues on a week by week basis. This means a person eligible today might not be eligible in a week.

    In other words, a person trying to collect unemployment can get denied in any given week.

    On the other hand, being ineligible this week might mean you can become eligible next week.  Thus, take these 7 rules seriously.

    Good News About Minnesota Unemployment Eligibility

    Minnesota has one of the highest levels of benefits. For some people, applicants can receive nearly $775 dollars per week for a total of nearly $20,000 over a 26 week period.

    Even though lower paying jobs offer less in benefits, it is nice to know that many Minnesotans can keep a roof over their head and food in the fridge upon obtaining benefits.

    Knowing this, let me introduce 7 rules I believe are critical.

    7 Rules for Minnesota Unemployment Eligibility

    Okay, here are the first seven rules every applicant seeking or trying to collect unemployment should consider:

    1. Minnesota rules and statutes are not the same. To start your research, consider Minnesota statute 268.085.
    2. Except for those in special programs like CLIMB, applicants are required to seek suitable employment.
    3. Unemployment audits are always a possibility
    4. The unemployment office has different rules for quitting versus getting fired.
    5. There are lots of ways unemployment benefits can get delayed.
    6. Independent contractors run into problems.
    7. Unemployed workers seeking out employment agencies sometimes run into problems too.

    Other Unemployment Issues

    Absolutely, there are going to be a number of additional issues every applicant should be concerned with. However, they are going to be case by case. After all, each claim is different because each claim started with a different employer and boss.

    Nonetheless, I recommend to each applicant considering benefits to know how or why they are eligible for benefits before filling out their application for benefits.

    Next, every worker or applicant should read Minnesota statute 268.095 and ask themselves how it applies to their own situation.

    Then, I believe every applicant trying to help themselves with Minnesota unemployment eligibility should determine whether there is more than one way for them to become eligible for benefits.

  • Look Into These Eyes Before You Repay Unemployment

    Look Into These Eyes Before You Repay Unemployment

    Nobody wants to repay unemployment.  When Minnesota’s unemployment office claims money needs to be repaid or returned, they call it an “unemployment overpayment”.

    I believe every applicant trying to collect unemployment in Minnesota should appeal when accused of an overpayment versus concede.

    Here is an introduction to my approach to an unemployment repayment:

    Identify the deadline to repay unemployment

    In my experience, a lot of people do not know they can appeal an overpayment.  Everybody I meet with is encouraged to find a deadline.  The deadline I ask people to find is not the deadline to return or repay benefits.

    Instead, I encourage applicants to find the date they can appeal their case.  Generally, the deadline to appeal an overpayment can be found in two locations:

    • Online and within an Applicant’s benefit account, or
    • Somewhere within the letter describing the problem.

    Related documents to repay unemployment

    Generally, letters looking like a pay stub or invoice are not helpful.  These types of letters are designed to encourage applicants to repay unemployment.

    In my experience, they do not support or help applicants appeal the unemployment overpayment.  In fact, a lot of people incorrectly interpret their invoice or repayment voucher as a forgone conclusion they no longer have appeal rights.

    For this reason, finding the deadline specific to an unemployment overpayment is a significant step.

    Good reasons to appeal unemployment

    Yes, there are many reasons to appeal an unemployment overpayment.  They include but are not limited to the following:

    • Identifying a legal reason to qualify for unemployment,
    • Notice of an appeal deadline was never received,
    • Due process failed,
    • There was an error of law,
    • The evidence does not support an overpayment, and or
    • A decision was arbitrarily decided

    Stop or cancel an overpayment

    Yes, Minnesota has rules that support cancelling an unemployment overpayment.

    Because the goal should always be reducing an overpayment to zero dollars ($0), I believe the process to repay unemployment should always begin with the appeal process.

    If a person does not have appeal rights, then Minnesota statute 268.18 can have a positive impact on a family’s well-being.

    Repay unemployment or negotiate?

    Unfortunately, the opportunity to negotiate a repayment plan is a lot harder than it should be.  No, applicants owing money to the unemployment office in Minnesota are not “negotiating a settlement” and the process is not the same as the IRS debt settlement commercials you hear on the radio.

    Instead, the process to repay unemployment benefits should be viewed as a way to reduce monthly payments while using cancellation rules to one’s advantage.

    Repay unemployment help

    If you believe the process described above or you need help accessing your situation, please contact me for more information.

  • Loosing Sleep Over Untimely Evidence

    Loosing Sleep Over Untimely Evidence

    Untimely evidence is a term used by unemployment judges to suggest.

    Basically, a claim stating you failed at submitting evidence on time means you cannot use it going forward.

    In my experience, every applicant trying to collect unemployment benefits can defend against untimely evidence by understanding these rules:

    • Exhibits
    • Witnesses
    • Continuances, and
    • Subpoenas

    Exhibits or untimely evidence in an appeal hearing?

    When a person or business submits evidence correctly and before the time limit, they usually receive a copy in the mail with an exhibit number.  In Minnesota, the exhibit number for an unemployment appeal will include a “watermark” in the lower right-hand corner of each piece of paper or document.

    If a person did not receive a copy in the mail or their online account fails to mention their evidence, very likely the document submitted to support your unemployment claim never made it to the right person.

    As of the date of this article, the unemployment rule identified HERE suggests documents or exhibits must be submitted to the unemployment law judge within five (5) calendar days.

    Very likely, failing to submit evidence before the time identified in rule 3310.2911 will result in untimely evidence.

    Untimely evidence for your witnesses

    Any person trying to acquire a written statement from a potential witness will likely be impacted by the rules referenced above.

    Luckily, an applicant trying to prove their claim for unemployment in Minnesota can combat a tardy witness or their unwillingness to help by seeking a subpoena.

    On the other hand, failing to make this request as the rules support or allowing the unemployment office to affirm the witness is not needed might be detrimental to your case.  Thus, this issue requires extreme caution.

    Acquiring a continuance for untimely evidence

    Absolutely, a person confronting an untimely evidence issue for an unemployment hearing in Minnesota can seek or ask for a continuance.  A continuance means the case is delayed.

    Yes, every person making this request needs to acknowledge it is only a request.  In other words, the request can be denied.

    Those seeking an unemployment appeal need to be prepared for having a continuance denied.

    Untimely evidence is a big deal

    Look, the rules for an unemployment hearing are strict.  Yes, an unemployment law judge can deny untimely evidence if the evidence is not properly received.

    Properly received evidence is outlined by Minnesota unemployment rule 3310.2922.  Applicants believing the exclusion of evidence might impact their case should urgently seek help or become immediately familiar with the rules.

    Need help with untimely evidence

    Please contact me if you need help acquiring evidence, submitting evidence, proving evidence and working around untimely evidence issues.

  • How to Make PCA Unemployment Benefits Easier for Yourself

    How to Make PCA Unemployment Benefits Easier for Yourself

    PCA unemployment or unemployment for a Personal Care Assistant is getting more and more difficult.  Here are three tips:

    • Make sure you know when your job ends;
    • Document your conversations with a TPA;
    • Always document your job search process.  

    I believe every PCA is trying to do the right thing by serving a person in need.  Often this can include a family member.

    If you are a PCA and trying to seek unemployment, here are a few steps specific to the process of gaining unemployment.

    Bad news for PCA Unemployment

    One of the worst days for any PCA is the day their client passes.  This day can be even more detrimental when it is a loved one.  Unfortunately, the unemployment office is very unforgiving.

    PCA Unemployment tip #1:  Make sure you know when your job ends.  

    No, a job does not end when the person you are caring for is dead.  Yes, it is easy to assume why this might be true.  On the other hand, I prefer the process of seeking clarification from the benefit provider or TPA (Third Party Administrator).

    Good news for PCA Unemployment

    It is always good news when a PCA is communicating with family and the TPA.

    PCA Unemployment tip #2:  Document your conversations with a TPA or agency

    Just like you would never leave a pot of boiling water on the stove while you cared for a person in need, never end or leave the PCA relationship without talking or communicating with the TPA.

    In other words, it can never hurt to seek clarification from the organization, agency or party in charge of paying for your PCA wages.  If you do not know who to contact or the person you believe is your point person is the same person you cared for, very likely this would be a good opportunity to begin the process of protecting your best interests too.

    Again, protect yourself by documenting your conversation so you can utilize notes if needed.

    PCA Unemployment and your job search

    The process of a job search is a common element for PCA unemployment seekers.  For one, Minnesota law requires unemployed applicants to seek work.  This is outlined under rule 268.085.

    PCA Unemployment tip #3:  Always document your job search process.  

    Workers who identify themselves as a personal care assistant, where to look for work is generally a non issue.  On the other hand, a person who left a non-traditional role (any job other than a PCA) will likely find the rules governing the availability of suitable work troublesome.

    In my experience, it is rare to find past or present personal care assistant who does not have conflicts with defining their job search process while trying to seek or become eligible for unemployment benefits in Minnesota.

    Thus, this element of the PCA unemployment process is critical.

    Need help?

    In my experience, every PCA has a different experience while trying to seek or collect unemployment.  Please contact me if you need help.

  • Eligible for Unemployment Until I Failed their Test

    Eligible for Unemployment Until I Failed their Test

    Passing your eligible for unemployment test is hard because people filling out applications do not understand the questions.  In my humble opinion, every worker should be eligible for unemployment if they can pass this first test:

    • I had a job,
    • My job ended,
    • I am unemployed, and
    • I am looking for a job day and night.

    Eligible for Unemployment in Minnesota

    Yes, Minnesota has a very specific set of conditions or tests that are used to weed out applicants.  In fact, the actual law is called “eligibility conditions” and you can find it here.

    Here is what the unemployment office in Minnesota looks for:

    1. Did the person file an application,
    2. The person is unemployed according to rule 268.035,
    3. The worker has received wages in the past year,
    4. The worker is seeking “suitable employment”, and
    5. When asked, the worker is attending classes at Minnesota’s workforce center.

    I do not know if I am unemployed

    Yes, there are many people who do not know if they are unemployed and fail this part of the test.  Generally, a person does not know if they are unemployed if:

    Eligible for unemployment by seeking suitable employment

    Yes, another condition or test a worker needs to satisfy to become eligible for unemployment is the process of seeking suitable employment.

    Unfortunately, what is suitable employment and what is not suitable employment is equally challenging.  Generally, most workers can pinpoint the type of work they have done in past.  Looking for suitable employment usually means looking for a job similar to your career history.

    Eligible for unemployment by being available for a job

    Yes, the requirement of being available also prevents applicants from becoming eligible for unemployment.

    Minnesota says a worker is available for a job if they are “ready, willing and able”.  In other words, you can work by saying “yes, I will be there”.  Again, a worker can fail this piece of the test if they are:

    • Injured,
    • On vacation,
    • Doing silly things to avoid their phone, e-mail or mail.

    Eligible for unemployment and the workforce center

    Unfortunately, there is not a specific standard who gets selected or required to seek assistance through Minnesota’s workforce center.  Whether you are a high profile executive or struggling to make ends meet, I have seen fantastic results with Clients who go out of their way seek help.  But, there is bad news too.

    First, workers can get have their unemployment denied in Minnesota if they are forced to take classes and fail to attend.

    Second, workers who tell their “story” or inquire about eligibility issues with staff members of the workforce center can get themselves into trouble too.

    Help becoming or remaining eligible for unemployment

    In my opinion, the issue above is way to significant to take lightly.  If you need help or have questions, please contact me.

  • What If My Employer Says I Quit My Job?

    What If My Employer Says I Quit My Job?

    Can you say “I quit my job” or is a former employer trying to convince you your actions were viewed as quitting?  Over the past month, many Applicants have contacted me to discuss whether or not they quit.

    I believe workers sometimes do know one way or the other because the words or emotions expressed with their employer were confusing or misinterpreted.

    If you are confused whether you are supposed to say I quit my job or I was fired, this is how I would approach this problem.

    Did I quit my job?

    Whether your job ended yesterday or ten years ago, I encourage all applicants to type or write down what they remembered.  Yes, be very specific and include details like:

    • What time of day,
    • Was it before or after a specific point in your day (break, lunch, meeting, etc.),
    • Were did the communications take place (conference room, lobby, phone, etc.)
    • What are the names of the people who participated in the communications,
    • Are there e-mails, notes, faxes or other pieces of paper that can help you describe the situation,
    • *What specific phrases do you recall being stated, and
    • *What happened AFTER you believed your job ended?

    I still do not know if I quit my job?

    No worries.  The step of taking notes of the situation is merely a reference for you down the road.  Unfortunately, an appeal for unemployment can take many months.  For this reasons, it is important to have a point of reference.

    I never quit my job

    It is never easy using the evidence standard in an unemployment case to prove “I never quit my job”.  Some employees like to engage a witness for help reduce the risk of an employer lying under oath.

    If this is not possible, then consider these tips:

    • Can you show a reason why your job might have ended (performance, business slowed down, etc.),
    • Can you find examples why you would never quit your job (health insurance, rent, length of employment),
    • Did you submit a written note or a formal resignation, or
    • Did your boss place an unreasonable amount of stress on you when the job ended?

    What if you cannot remember?

    Again, the issue is not whether you remember.  Instead, the goal is to use facts that support your application and claim for unemployment benefits.

    Yes, every situation is different.  For some, the rules for unemployment eligibility favor workers who can state their employer ended the job.  The rule that generally applies to a worker who quit their job can use Minnesota law 268.095 for guidance.

    I still do not know if I quit my job

    In my experience, the real decision maker is the Applicant and how they interpreted the events.  How an employee becomes successful proving their eligibility for unemployment is using a specific story line that aligns with rule 268.095.

    Please contact me if you need help preparing for a successful case.

  • Unemployment Case: White v. University of Minnesota

    Unemployment Case: White v. University of Minnesota

    A recent unemployment case in Minnesota called White v. University of Minnesota discusses employment misconduct and a duty of an unemployment law judge.

  • What If One Person Cared About Minnesota Unemployment?

    What If One Person Cared About Minnesota Unemployment?

    I take Minnesota Unemployment benefits and rules very seriously.  I believe every worker seeking unemployment generally feels anxiety, stress and sometimes confusion.

    If you need help figuring out what to do, what to say, correcting an error or combating a lie, please consider contacting me or reviewing more postings on my unemployment blog.

    Minnesota Unemployment – 1st Step

    Every unemployment claim starts with an application.  Please, for the sake of your long-term goals, review and learn what questions in the application might be important to your case.

    Minnesota Unemployment – 2nd Step

    The second step for every person seeking unemployment should be the process of reviewing and understanding rule 268.095.  Yes, this rule outlines the reasons a person can receive unemployment.

    More importantly, statute 268.095 outlines the reasons why a person is not eligible.

    Where does Minnesota Unemployment come from?

    Where an applicant’s unemployment benefits come from is really not important.  Instead, ask a better question – who cares if you get or do not get unemployment?

    Your employer (former, current and future) all care about unemployment benefits because it impacts their taxes.  If you, the applicant, receives Minnesota unemployment benefits, their tax rate increases.

    Additionally, our unemployment office, the Department of Employment and Economic Development or “DEED” care even more because they are having money problems.  Don’t believe me?  This website confirms Minnesota has incorrectly paid out $35 million in benefits.

    In my opinion, because neither your employer or DEED want issues down the road, they will deny or appeal claims for benefits.

    Are you eligible for Minnesota Unemployment?

    Generally, Minnesota Unemployment is granted to Applicants if they are terminated for reasons other than employment misconduct.  Also, an Applicant can be eligible for unemployment if they quit their job and the law supports their decision to quit.

    Need help?

    If you need help with unemployment benefits for Minnesota, please watch this short clip and contact me for more information.

  • Unemployment Questions and my Favorite Answers

    Unemployment Questions and my Favorite Answers

    Getting ready for unemployment questions for your hearing is an important step in winning an appeal.  And yes, the answers you identified in your application are extremely important.

    But, if a person does not know the answers to these three (3) unemployment questions, they will likely fail.

    1. What were your job responsibilities,
    2. Describe your last day of work.

    If you need help working through questions that might impact your case, please contact me for help.

    Unemployment Questions – job responsibilities

    The easiest way an unemployment law judge can determine if a person is credible or not is how they respond to unemployment questions.  Thus, getting the easiest questions “right” is really important.

    In my opinion, nobody, including a judge and former employers, knows their job better than the person who did it on a regular basis.   As an introduction to nearly every unemployment hearing, the unemployment law judge will ask applicants what they did for work and what their job responsibilities were.

    Now, this question is really easy when talking with friends and family.  For whatever reasons, being under oath and responding to a Judge’s questions for the first time is intimidating.  To reduce stress and anxiety, I encourage people to make a list of their job responsibilities before the hearing starts.

    Unemployment Questions – why your job ended

    The next question that usually trips people up is telling a judge why their job ended.  First, a person has to know whether they quit their job or they were fired for something Minnesota unemployment law defines as “employment misconduct“.

    Second, being able to connect a job ending to unemployment rule 268.095 is going to give applicants a significant advantage.

    Unemployment Questions – last day of work

    There is no better way for an unemployment law judge to hear details about a person’s job than reviewing their last day of work.  For this reason, applicants seeking unemployment benefits need to know the details of their last day of work as if it happened yesterday.

    Also, I believe knowing details about the last day of work will help an applicant prevent a lie from gaining traction.

    Help with Unemployment Questions

    If you need help working through questions that might impact your case, please contact me for help.

  • The Worst Witness Selection Ever Made

    The Worst Witness Selection Ever Made

    Witness Selection for an upcoming unemployment hearing is a significant process.  For one, you need them to show up.  Second, you need them to tell the truth.  Third and most importantly, you need them to help your case.

    If you need help with witness selection, please contact this law office for help.

    Witness selection is important

    In my opinion, the number one reason why witness selection is important is because failing to seek or use a witness at during your hearing will likely be very difficult later on.

    Make your witness show up

    Yes, you can make your witness show up by seeking a subpoena.

    Telling the truth

    Yes, there is recourse or remedy when your employer’s witness selection turns into a lie.  The most significant legal rule to support telling the truth are rules compelling an oath.

    This law office prefers to engage a witness beforehand, ask them questions on their recollection of events and sometimes encourage applicants to seek an affidavit from their witness.

    Will a witness help your case?

    Look, it is better to have as many witnesses as you can to support your claim for unemployment benefits.  Most applicants seeking unemployment benefits are trying to prove a case under rule 268.095.  Yes, this rule can get murky and sometimes even ugly.  There is nothing wrong with preparing to much.

    What should you ask your witness?

    Again, always talk with your witness before your hearing.  This is true because you want to make sure they saw or interpreted your situation like you.

    If you do not know or it is unclear whether your witness selection will be hostile, likely a person should second guess their value.

    Help with witness selection?

    If you need help selecting a witness or seeking, preparing a witness or acquiring a subpoena, please contact this law office for help.

  • Unemployment Help Means This…

    Unemployment Help Means This…

    Unemployment help means something different to everybody.

    Unemployment Help

    Your situation is different from your co-worker, friend and family member.  Here is what unemployment help means:   

    (1)  Help filling out an application,

    (2)  One-on-one consultations,

    (3)  Phone hearing,

    (4) Filing an Appeal,

    (5)  Gathering evidence, seeking subpoenas, confronting the other party, etc.,

    (6)  Filing a Request for Reconsideration,

    (7)  Representation during an Unemployment Audit,

    (8)  Help with a Garnishment,

    (9)  Negotiating a re-payment plan specific to an overpayment,

    (10)  Reduce unemployment taxes and penalties,

    (11)  An appeal to the Minnesota Court of Appeals,

    (12)  An appeal to the Minnesota Supreme Court,

    (13)  Other services specific to your situation.

    Need more unemployment help

    Please contact me if you need help.

  • Why TAA and Unemployment in Minnesota is a Mess

    Why TAA and Unemployment in Minnesota is a Mess

    TAA and Unemployment in Minnesota is confusing.  This program becomes especially confusing when your benefits are taken away or denied.

    If you need help with a TRA or TAA Appeal, please contact this law office.

    What are TAA benefits?

    The Trade Adjustment Assistance Program, or TAA is a federal program to help workers who lost their job to a worker overseas.

    Generally, TAA benefits means the Federal Department of Labor authorized financial support for you to seek job training, income while you look for a new job, help with your job search, and benefits for you to relocate your place of residence.

    How much are TAA benefits worth?

    As you know, TAA benefits can be worth hundreds of thousands (the cost of a degree).  TRA benefits can equal more than $65,000 (103 weeks x $640 dollars per week).

    Thus, the financial value of TAA benefits can be quite significant.

    Legal cases for TAA and Unemployment in Minnesota

    In Minnesota, there have been about 20 public cases specific to TAA and unemployment.  Public cases are those reviewed by the Minnesota Court of Appeals.

    Unfortunately, problems arise because workers, employers, and local government agencies do not see these types of requests on a regular basis.

    Do you need a lawyer for TAA and Unemployment in Minnesota?

    No, but it certainly helps.  If nothing else, meeting with an attorney for a consultation can prepare you for better days.

    Minnesota Unemployment Laws

    In my opinion, the people managing TAA benefits do not understand this process because it rarely appears.

    Are TAA benefits the same as Unemployment benefits?

    No, TAA and unemployment in Minnesota are not the same.

    However, in certain situations the unemployment office in Minnesota can review whether or not you are eligible for TAA benefits. Also, TAA benefits are not the same because they require a separate application or petition.

    In other words, applying for unemployment does not imply you are either eligible or requesting TAA too.

    How do you get TAA benefits?

    In most cases, a worker finds out they might be eligible for TAA benefits after attending a meeting a their work or Plant.

    Other times, a worker or a group of workers apply or file a petition with the United States Department of Labor.

    Assuming the application or petition is approved and you live or work in Minnesota, TAA benefits are managed and facilitated by DEED.

    MN Unemployment Appeal

    The unemployment office in Minnesota denied my TAA benefits

    Yes, the unemployment office in Minnesota may have denied your claim for TAA benefits, but you certainly have rights which will require you to appeal. The appeal process for unemployment benefits in Minnesota follows a strict process.

    If the unemployment office denied your request, you must take the necessary steps to educate the unemployment law judge of your claim for TAA.  This may include making referencing Federal law and or Minnesota law.

    Also, your approved petition for Trade Adjustment Assistance will certainly be a necessity in this process. Provided you follow strict adherence to timelines, you have rights if Minnesota’s unemployment office denied your request for unemployment benefits and or TAA benefits.

    File an appeal for Trade Adjustment Assistance

    If you are considering an appeal for TAA benefits, assess whether you are filing a petition for benefits, appealing the petition, or appealing the administration of your benefit.

    The administration of TAA benefits are managed by the unemployment office, which is a state agency.

    A petition and an appeal to the petition is controlled by the Office of Trade Adjustment, which is a federal agency.

    Do you need help appealing TAA benefits?

    Please contact this law office if you need help with TAA and unemployment benefits in Minnesota.