Unemployment for farmers and agricultural workers is crazy complicated in Minnesota.  Quite frankly, it shouldn’t be so hard.  But, it is.

So we are clear, I am not talking about farm owners.

Instead, I am referring to people who help farmers (employees, contractors, side-hands, etc.) and their agricultural process.

Unemployment for Farmers is Hard Stuff

Here is why this question is hard.  I didn’t state impossible…I said hard.  There is a difference.

Minnesota unemployment laws generally exclude workers from benefits and make the farm worker prove an exception.

employment in “agricultural employment” [is non-covered employment] unless it is “covered agricultural employment” under subdivision 11; or

if employment during one-half or more of any pay period was covered employment, all the employment for the pay period is covered employment; but if during more than one-half of any pay period the employment was noncovered employment, then all of the employment for the pay period is noncovered employment. “Pay period” means a period of not more than a calendar month for which a payment or compensation is ordinarily made to the employee by the employer.“

Looks complicated, right?  Right.  And in my experience, most farm employees and helpers helpers rarely go into a job thinking about Minnesota rule 268.035.

Laws for Unemployment and Agriculture

The rule every farm worker should review is whether they have a job that is “covered agricultural employment”.  Generally, there are two types of farm workers that meet this rule:

• The worker was employed by a farm that paid $20,000 in wages during a 3 month window, or
• The worker was employed by a farm that hired 4 or more workers during the calendar year.

The best part about the above rule(s) is the fact the 4 or more workers are not required to work at the same time or during the same week.

It is easy to panic about these rules because they are generally unanswerable from the outside looking in.  Do not freak out.  Many farms meet these rules.

In fact, I think every worker should assume the farm they worked at or with satisfied one of the above elements.

Farmer Workers Who Do Not Understand Unemployment Benefits

Very few workers know the payroll status of the farm that they work at.  Instead, most workers are worried about whether they are getting paid and if their paycheck will bounce.

If you have read other posts, you know I dislike the workforce center.

On the other hand, I believe engaging the unemployment office to seek payroll verifications for covered agricultural workers is a necessary step in the unemployment application process.

Unemployment for Farmers

In Minnesota, unemployment for farmers and workers is a big deal because the growing season is short.  Assuming staff members are ineligible is a horrible strategy.

Because the unemployment laws for agriculture support benefits and unclear at the sometime, I believe appealing these types of claims is even more significant.

Unemployment stuck describes the person who does not know how to proceed with their appeal.

First, thank you for coming back to my site.  Second, yes, I am biased because I believe my insights and experience can become very valuable for many unemployed workers.

I hope you contact me such that we can discuss how to become unstuck.

Otherwise, please check out some of my videos and social media accounts to stay current on my unemployment updates.

Nobody wants to keep unemployment records.  In fact, nobody wants to be unemployed.  Minnesota unemployment laws change on a yearly basis.

As a result, I like the idea of keeping records for 10 years.

Which Records should we Keep?

All of them.  This includes but is not limited to:

• Papers documenting a job loss
• Copies of an initial application
• Personal notes outlining when a person may have contacted the unemployment office
• Any exhibit attached to an appeal
• A formal decision rendered by an unemployment law judge

Why Keep Unemployment Records?

Anybody receiving unemployment benefits is prone to an audit.  Even worse, everybody is vulnerable to a fraud allegation. Because unemployment fraud is a big problem in Minnesota, all applicants are at risk of being accused of something they did not engage.

Look, I wish this wasn’t true.  As we can see, Minnesota had a 10.377% overpayment rate for the 3rd quarter in 2016.  From my estimate, Minnesota’s unemployment office believes 1 out of 10 applicants acquired benefits incorrectly.

Thus, keep unemployment records just in case.

No Harm in Keeping Unemployment Records

Keeping paper documents is easy.  You place them in a folder and attach the folder to yearly tax records.  Otherwise, scanning documents makes the process of keeping records even more accessible.

Because the burden is small, there isn’t any harm in keeping records.

Lots of Harm for no records

On the other hand, if a person doesn’t have key documents to support their claim, damages may include:

• Undue stress and anxiety
• 104 weeks without benefits
• Monetary penalties
• A hefty overpayment

Therefore, I am in favor of keeping records for at least 10 years.  Maybe even longer as the process to collect electronic information becomes easier and easier.

I wish you the very best.

Poor mouthing is the act of telling the judge or jury how poor you are or are going to be if you do not win an appeal for benefits.

As difficult as your situation might be, poor mouthing is never the first argument made.  Here is why.

Where did Poor Mouthing Come From?

In my practice,  hundreds of my Clients have tried to convince me that this was their primary strategy.  Recently, this strategy was  identified as an issue in the Jesse Ventura defamation case.

Very likely, poor mouthing , goes all the way back to the first moment a tax collector tried to impose their will on the a deprived circumstance.

Regardless, this strategy has been used before.

Poor Mouthing on an Appeal

Nothing crushes me more than hearing people describe their firsthand experiences about stress and anxiety over the need of obtaining their benefits.  Personally, I find relief helping a person understand what will help them win their appeal versus the strategy they are trying to convince me of.

I know it is painful.  I know garnishments hurt and the situation can feels impossible, which is why I am trying to bring this issue to everybody’s attention.

Focusing on an economic hardship risks taking the claim or appeal down a path that might require focusing on the legal issues that might help win the case.  Unless a person knows the issue(s) and the applicable rules, they are destined for failure.

Poor Mouthing – Is it ever a good idea?

Now, here is the crazy thing.  Yes, I believe poor mouthing during an appeal offers value and puts into context the impact a decision will have on another person.  But, it has to be done at the perfect time.

In my experience, it has to done in a way that is helpful.  For example, while objecting to or pleading for an evidentiary issue.  In other words, it goes something like this:

Your Honor, if you do not let this evidence in, it has the potential of causing an economic hardship”.  

Other times, the idea of injecting an economic burden into a letter directed at the opposing party or used during a closing argument can grab the adversary’s attention.

I desperately need you to see the facts I am identifying because they will impact whether or not my family can stay in our home”.  

Of course, this cannot be done willy-nilly or without a grain of truth.

As a result, I encourage everybody to  pick their spots wisely and focus most if not all of their attention on the root of their appeal.

Being unemployed with children is hard because you are allowing yourself to think about the worst possible scenarios.  Whether you are wealthy or poor, people are the same.  We want the very best for our children.

I believe your situation is fixable and it starts right now.  So you know, unemployment benefits are not a handout.  Instead, it is an insurance product that your tax dollars funded.  Do not be afraid of the word “unemployed”.  If you lived in another country, likely you would have purchased job loss insurance.  In Minnesota, we have a different process to reduce stress as people look for new opportunities.

Thus, allow me a brief opportunity to share a handful of thoughts.  If you see a need,  keep coming back for assurance.

Unemployed with Children:  Game Plan 101

If you are unemployed with children, here are a handful of handful reminders:

• Jobs are in demand and you can find one too.
• As soon as you apply for a job, you give yourself hope that a phone call is right around the corner.
• Finding a job is hard work, but you can do it.
• Caring for smaller children will not impact your job search process.
• Caring for older children will not impact your job search process.
• Caring for a spouse or homebound person will not impact your job search process.
• Yes, your cell phone is going to be your best friend while you search for jobs (don’t forget knocking on doors and using Twitter).
• What you are trying to accomplish has been done by other people.
• Knowing the rules will make your unemployment appeal process much easier to confront.
• If you are denied benefits, engage the appeal process with a purpose.
• Being denied does not mean you will lose an appeal.
• Keep asking questions.
• When required, do not be afraid of food support and subsidized health benefits.
• Unconditional love is very powerful.
• This process is temporary.

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.

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.

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, 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.

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.

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.

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:

• Eligibility requirements,
• Unemployment extensions and additional benefits, and
• Shared work programs.

Those needing Help

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

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.

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.

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 help means something different to everybody.

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.

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.

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.

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.

Hey, which state do I file for unemployment benefits?  I hear this question a lot and yes, it matters because you want two things:

(1) The most money or benefits possible, and

(2) Prevent from getting your application denied.

Yes, but what state do I file for unemployment benefits?

This law office encourages applicant to review the dollar amounts for unemployment benefits in the state they live and the state they work.  To help, here are some numbers to consider.  However, if you cannot find the State you live or work, you can find additional numbers in a report provided by the Department of Labor.

Minnesota

Minimum Weekly Minimum: $ 25

Maximum Weekly Maximum: $ 640

Maximum Entitlement: $ 16,640

Wisconsin

Minimum Weekly Minimum: $ 54

Maximum Weekly Maximum: $ 370

Maximum Entitlement: $ 9,620

Iowa

Minimum Weekly Minimum: $ 62

Maximum Weekly Maximum: $ 511

Maximum Entitlement: $ 13,286

South Dakota

Minimum Weekly Minimum: $ 28

Maximum Weekly Maximum: $ 352

Maximum Entitlement: $ 9,152

North Dakota

Minimum Weekly Minimum: $ 43

Maximum Weekly Maximum: $ 594

Maximum Entitlement: $ 15,444

Do not ask your unemployment office for help

Do everything in your power to prevent yourself from asking the unemployment office which State do I apply for unemployment.  For one, the staff answering phones at the unemployment office are not paying attention to other States.

In fact, it is the experience of this law office that many phone associates will send you to a different State for no reason other than it makes their job easier.

If you are forced to ask a representative at the unemployment office, be prepared to ask questions about “reciprocity“.

Why different offices give bad information

It is the opinion of this law office that an unemployment phone associate is helping their agency reduce overpayments, which is a huge problem impacting many of the unemployment agencies across the country.

Most important rule for picking state to apply for unemployment

Generally, as soon as a person files or applies for unemployment benefits inanyState other than Minnesota, that person is automatically ineligible for benefits in Minnesota.  For verification of this rule, please see Minnesota Statute 268.085.  Of course, there are exceptions to this rule and each situation will be different.

Also, people applying for benefits and asking themselves which state do I file for unemployment benefits need to know about Minnesota Statute 268.131.

If you need help deciding “which State do I file for unemployment benefits”…

If you are trying to collect the highest amount possible and prevent an appeal to your claim for unemployment, contact an unemployment lawyer for help.

Recently, Minnesota rendered a decision about unemployment seasonal employees.  In a case called McNeilly v. Dept. of Employment, 778 N.W. 2d 707, a Seasonal Employee was laid off for lack of work and deemed ineligible for unemployment benefits.

Although this case was decided in favor of the employer, it is important to note that the worker wasn’t actively seeking work while unemployed due to their seasonal job.

Thus, this article addresses some dos and don’ts specific to seasonal employees in Minnesota who are seeking unemployment benefits.

How should a seasonal employee approach unemployment in Minnesota?

Unemployment seasonal employees in Minnesota should always approach a lay-off with caution.  Why?  Because many unemployed persons never foresee being unemployed.  For this reason, seeking unemployment benefits is never a guarantee, making your application for benefits critical if not vital.

Laid-off from seasonal work – what should you do to receive unemployment?

First, always remain calm and never fill out your application for unemployment benefits without talking to a professional who has done this in the past and or having a plan when answering questions for benefits.  If you were laid off for lack of work, do not create a bigger conflict by giving more information than is necessary.  In other words, your application for benefits should not be used as a sounding board to complain about your former employer.

Next, ask if there is anything you can do to remain employed.  If you are offered a different position, accept the job offer unless your rate of pay is reduced by more than 75%.

Can a seasonal worker resign and get unemployment in Minnesota?

If you are not offered a different position, do not offer a resignation even if pressured by your employer.  A person who resigns from a seasonal job must satisfy many many rules, including the rules under Minnesota statute 268.095, in order to become eligible for unemployment benefits in Minnesota.

For this reason, a seasonal worker should never resign without first speaking with a lawyer.

Seasonal worker receives a separation package from their employer – now what?

If presented with a separation agreement or asked to take a “lump sum” or “severance package”, always have this document reviewed by an attorney before you sign it or accept it.  Yes, the unemployment office in Minnesota will find out and they will look at the signed document.

Yes, documents of this nature can impact your unemployment benefits.  Thus, issues with separation packages and unemployment fr seasonal employees when working in Minnesota should always be scrutinized.

Unemployment seasonal employees beware!

The moral of the story is to proceed with caution when laid off for lack of work or due to the seasonal elements of your job.  Therefore, contact an attorney to review your rights.

In Minnesota, an applicant may be eligible to collect unemployment benefits and workers compensation benefits at the same time, but that doesn’t mean you should.

If you find yourself in a situation where you believe you are eligible for both unemployment and workers compensation benefits, please consider seeking immediate help such that you can prevent being nailed for unemployment fraud.

What makes collecting unemployment and workers compensation so complicated?

There are a variety of issues that an applicant needs to be aware of.  First, work comp cases in Minnesota always take longer than you anticipate.  Whether you are waiting for your injury to heal or you are waiting for the work comp insurance company to issue you a check for lost wages and or an injury, any money you receive will impact your unemployment check.

Second, Minnesota unemployment law presumes you are able to work.  If you are not able to work due to your injury, then you are likely ineligible for unemployment benefits under rule 268.085.

On the other hand, if you are able to work with restrictions, you more likely to be eligible for unemployment benefits.  However, this to can be a problem because a hurt worker’s transition back to their job or a different job will impact their rights from a work comp perspective.

Third and even more significantly, a person eligible for unemployment benefits in Minnesota is presumed to have been discharged for reasons other than employment misconduct or quitting for a good reason caused by their employer.  Compare these presumptions to work comp rules in Minnesota, which attempts to compensate you while you recover from your injuries such that you can return to your old or past job as soon as possible.  Thus, work comp rules and unemployment claims in Minnesota contradict one another.

Thus, collecting work comp and unemployment benefits is a complicated.

What are the unemployment and workers compensation laws for Minnesota?

The rule in Minnesota says if a worker’s loss of wage benefits are higher than their weekly unemployment benefit amount, then the worker trying to collect unemployment benefits in Minnesota is not eligible for unemployment benefits.

On the other hand, if a worker’s loss of wages specific to their workers compensation benefit was less than their weekly unemployment benefit amount, then the person trying to collect unemployment benefits in Minnesota would likely be eligible for unemployment benefits if trying to collect both benefits simultaneously.

What to expect when collecting unemployment and work comp benefits:

If you are requesting unemployment benefits and work comp in Minnesota, you will likely be required to seek medical opinions to support your claims.  That said, doctors routinely overstate and render opinions that hurt or damage an applicant’s claim for benefits.

However, you can help yourself and your claim by seeking a lawyer to review the doctor’s medical opinion prior to it being submitted to DEED or the Minnesota Department of Labor and Industry.  I recognize this appears to be a self serving statement.  Look, the doctor’s number one interest is your health.  Your lawyer’s number one interest is seeking a monetary benefit on your behalf.  These goals are not the same, which is why you need both professionals in your corner.

What is the worst that could happen if I apply and get denied unemployment and workers compensation benefits?

A mistake or miss classification might result in a fraudulent overpayment of unemployment benefits.  Also, a mistake regarding your rights to seek or appeal for work comp benefits can be jeopardized.

Remember, the intent of these benefits is to supplement your income for job loss and to help you recover from your injuries.  Both of these benefits can have huge financial impacts.  Thus, know the rules and apply them to your advantage.