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Old unemployment claims in Minnesota still reveal their ugly head many years after the fact as an overpayment. Here are three ways people are reminded of an old claim:
Another way old unemployment claims get brought up is that moment a couple or family begins the process of buying a home or seeking credit.
I believe the best approach of tackling an overpayment is by knowing one’s rights.
Types of Old Unemployment Claims
In general, there are two types of overpayments specific to unemployment benefits in Minnesota:
An Overpayment because of Misrepresentation, and
Everything Else
The laws pertaining to an overpayment in Minnesota are different based on its classification or type.
Unfortunately, the rules have changed many times in the last few years, which is past experiences may not always be right. As a result, I like the idea of reading and reviewing MN Statute 268.18.
Are Old Overpayments Still Valid?
The unemployment office gets claims wrong. Because everybody has a different story, each issue regarding validity is different too.
I do not always trust the advice people are getting from outside resources. For this reason, I like the idea of doing an audit of available resources and applying the information to Unemployment’s statute of limitations.
After all, asking for help from a 900 pound gorilla can sometimes be disastrous.
The new MN DEED Commissioner is Steve Grove. For the thousands of people seeking unemployment benefits, forget the name. Instead, remember the title.
Amongst other duties, Minnesota’s “DEED Commissioner” manages the unemployment process. When considering an appeal, knowing the name of the new commissioner is less important than knowing when the job title can have a positive impact on one’s benefits.
I challenge you to do a quick search. Do a word search of Chapter 268 (MN unemployment laws and statutes) and look for the term “commissioner“. As you will see, Minnesota’s unemployment laws references DEED’s commissioner nearly 300 times.
DEED Commissioner is Steve Grove
Even though the new MN DEED Commissioner is Steve Grove, I believe Applicants should focus more on their personal job search process than the political structure managing the process.
Absolutely, appeal strategies change based application, evidence, and employer matters. However, focusing on the decision maker is less significant than the strategy supporting or reversing an ineligibility issue.
Appeal envelopes from the unemployment office are white with red letters. But, their yellow envelopes are even more significant.
Applicants are encouraged to watch their mailbox for yellow envelopes. Currently, Minnesota’s unemployment office, which is also called DEED, uses yellow to distribute evidence.
As I mentioned in other posts about evidence for a hearing, making sure you follow evidentiary rules is key.
A lot of people contact this law office for the purpose of inquiring about when or how to receive documents from their employer. Parties (including the unemployment office) are required to follow strict rules about distributing exhibits. Exhibit is a fancy word for “evidence“. Basically, the process of submitting evidence needs to be fair.
Parties and applicants need to watch their mailbox for yellow envelopes.. To date, Minnesota’s unemployment office (DEED) uses yellow envelopes to distribute evidence received or added to the ‘record’.
When the unemployment office submits yellow envelopes, they generally contain exhibits. The process for exhibits and evidence is a constitutional issue. Thus, this is a big deal.
Lots of things are found within these described envelopes, including:
Other pieces of evidence submitted for consideration.
Finding a post on-line that discusses appeal envelopes is strange. But, the key here is knowing that it is coming and what it contains. From here, an Applicant can make decisions on their legal strategies and whether or not they should raise other issues.
Wages and salary for unemployed workers matter, especially when seeking a job offer. On the other hand, not knowing what you are worth can be a problem.
Even worse, the fear of remaining unemployed can cause job seekers to panic and take a low ball proposal.
Knowing about the following information is extremely relevant to those anticipating a job offer or needing assistance in the negotiation process.
For these reasons, a lot of people start searching for salary reports online. Some, pay for a specialized report because paying for a report specific to an industry or employer feels different.
That said, I believe a lot of these same people are wasting their time, money, and energy because this information is free and even more importantly, unbiased.
Salary For Minnesota Jobs?
Before paying or subscribing to a bogus website about a salary for debate, check out these free resources:
The reason I like the website previously mentioned is because it allows me to view wages and salaries for specific counties within Minnesota.
Also, I can look at data specific to an occupation, industry, and firm size. Even more importantly for those who are unemployed or seeking benefits here in Minnesota, the reports are free and updated on a quarterly basis.
Hourly Wage For MN Jobs?
Let’s be real. Salaries and wages mean one thing: how much are you getting paid. Start by learning about “median“. No, not your shirt size, but a term used by those crunching numbers.
To get things started, I recommend checking out data from this link and checking back:
Although information from BLS is likely more detailed, it it isn’t updated nearly as often as Minnesota’s site. But, old news can sometimes be just as important as new news.
Anyways, the easy way to think about an occupational wage median is to think of it as the middle. In other words, what are most people earning at a job similar to the one you are looking for?
Of course, the hard way of thinking about your wage median is by looking here for Wikipedia answers.
Again, the reason I am bringing this issue up is because unemployed workers need to be prepared for a job offer.
Salary For Summary
To summarize, I desperately want to see more unemployed people use the websites above to assist them in their job search process so they know how to response when a job offer comes through.
If you are unfamiliar with Minnesota rule 3310.2917, it suggests the following:
Hearings are not public. Only parties, their representatives and witnesses, and authorized department personnel are permitted to participate in or listen to hearings”
Public Information: Bad Example
Consider a case called Jezierski v. St. Mary’s/Duluth Clinic Health Sys. (Corp),No. A18-0104, 2018 Minn. App. Unpub. LEXIS 860 (Oct. 1, 2018).
As an attorney, I am constantly studying other cases. It is very defeating when I see applicants, employees, and workers focused on winning versus making the right argument in favor of a claim.
When applicants file an unemployment appeal and a panel of judges offer their opinion, employees are at their mercy. In other words, their decision, is searchable. This is true because there was an appeal to Minnesota’s second highest court. And, employers are using public decisions to make longterm decisions.
If you put yourself in the employee’s shoes, would you have made a different decision about displaying public information?
Winning vs. Appealing
Presenting winning arguments and appealing to win are different. This is even more true when a case has the potential of creating public information.
If you need help weighing the pros and cons of an appeal, then please consider reaching out for support.
As of the date of this post, the unemployment rate in Minnesota is 3.3%. This is far better than any recent period, including the period of time between November 2000 and July 2007.
Nonetheless, some people are reading way to many news articles that this is the end.
Do not let today’s news prevent you from putting in the work for a new job.
Consider this statement from our Bureau of Labor and Statistics:
I bring this to your attention because we need a moral boost. Today is not the end.
For those who entered the workforce in the 1970s or 1980s, employees and workers are in a far better position today than the last 30 to 40 years.
I understand the stress and the impact an unemployment appeal will have on your family. On the other hand, do not let today’s stock market news impact your process.
EMACS is an online filing system for appeals to Minnesota’s Court of Appeals. Lawyers representing Applicants and Employers can appeal a claim using Minnesota’s online filing system, which you can find here.
Unemployment Tip # 015 – When an Applicant is unrepresented, an appeal can still get appealed the old-fashioned way. However, I predict this too will change. When in doubt, contact Minnesota’s Court of Appeals by phone or visit them in person at 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, MN 55155. Of course, connecting with an attorney makes sense too”
EMACS Filing Fees
The good news about an EMACS appeal for unemployment benefits is the fact fees are still waived for applicants. We know this because of Minn. Stat. 268.105, subdivision 6, which reads as follows:
Subd. 6.Representation; fees. (a) In any proceeding under subdivision 1 or 2, an applicant or employer may be represented by any authorized representative. Except for services provided by an attorney-at-law, no person may charge an applicant a fee of any kind for advising, assisting, or representing an applicant in a hearing or on reconsideration. (b) An applicant may not be charged fees, costs, or disbursements of any kind in a proceeding before an unemployment law judge, the Minnesota Court of Appeals, or the Supreme Court of Minnesota. (c) No attorney fees may be awarded against the department as a result of any proceedings under this section.
Thus, do not let this new system deter you from seeking help.
Subpoena power inside an unemployment claim is a real. Knowing how to use this power is just as important as following through.
A long time ago, a local law publication posted my work about issuing a subpoena for documents and a witness. Unfortunately, their article and my work is locked behind a paywall that prevents unemployed persons from accessing it.
So, here is an alternative.
Two Types of Unemployment Subpoenas
There are two types of subpoenas. They are not the same.
The first power is the opportunity to collect paper, documents, media, video, online files, etc. from the opposing party. This is called a subpoena duces tecum. The second power is when one side forces a witness to testify. Both processes can be used as evidence.
Applicants and Employers fail at utilizing this rule effectively because they didn’t apply all of the rule’s elements. For some, it feels like getting stuck in a spider’s web. For others, getting stuck weakens their claim for benefits.
Reviewing Minnesota rule 3310.2914 is extremely important when trying to weigh good evidence and the issue at hand.
When Do You Apply this Power?
Really, this type of request or action can be requested anytime before or during a hearing. Requesting this after a hearing is extremely difficult, but not impossible.
A problem with requesting a subpoena is that one never knows what will be revealed. For example, imagine requesting a copy of a video that showed an error in judgement. But, everything you recalled suggested otherwise. Or, imagine asking for a copy of a personnel file that inadvertently produces a Personal Improvement Plan or Corrective Action Plan.
Therefore, managing this unemployment power is critical to the reason for the appeal.
Because Minnesota has rules that support unemployment benefits for workers who quit their job, gathering evidence or documenting events or conversations can be extremely helpful. For example, e-mails, handbooks, personal improvement plans, corrective action plans, and notes.
That said, a lot of people are not able to gather or acquire documents prior to their job ending. Luckily, there are ways for unemployed workers to acquire evidence. In addition to subpoena power, an applicant in Minnesota can use Minnesota statute 181.961 to acquire a copy of a personnel file.
Unemployment Tip # 016 – Because Minnesota allows unemployment benefits for workers who quit their job, I like the idea of gathering evidence prior to quitting. For example, e-mails, handbooks, personal improvement plans, corrective action plans, and notes. Also, I like the idea of acquiring contact information from co-workers who might be able to assist down the road”
Exactly what is part of or excluded from a personnel file is really unknown until a copy is obtained. Usually, the types of documents within a “file” include:
Tax verification forms,
Job applications
Action Plans
Reprimands
Promotion Information
Even if a worker or employee believes they do not need a copy, asking for a copy is important. In terms of an unemployment appeal, demanding reasons why a work event wasn’t documented or included within a personnel file can offer probative value to an applicant’s claim for benefits.
One’s job search and unemployment go hand-in-hand. People who have or are collecting unemployment benefits can reduce risk by doing the following.
Today’s tip is about asking applicants in Minnesota whether they are doing everything they can to protect their benefits from an audit.
This is my 15th unemployment tip in a running series I hope offers value to unemployed workers. Because I am very empathic to unemployed employees conducting their job searches and due to this process having an impact on benefits, I wanted to make 15 suggestions based on feedback from my Clients.
Very likely, you have never seen an outline quite like this, with the intent of reducing a DEED audit. Nonetheless, I hope these help:
Unemployment Tip # 015 –Record keeping should be a priority during a job search. Any person who has requested or received unemployment benefits is vulnerable to an audit. If you don’t have a written record, start by writing down everything you remember. I would rather see an Applicant try to recall a situation versus an auditor making assumptions that are untrue.
In no particular oder, here are my 15 bonus tips:
#15 Twitter and Your Job Search
After getting unemployment benefits, the next step is finding a job. Job searches today are different from this same process some 5-10 years ago. Twitter is a great resource for job opportunities. If you are hesitant with creating a public profile, create a dummy profile with the intent of using it to “find” jobs. When looking, consider hashtags like:
#job
#jobsearch
#careers
#jobs
#jobposts
#Hiring
#14 Visit Small Businesses
In my experience working with “small” businesses, finding employees and workers is unique. As a result, try visiting them in-person and asking if they have opportunities available. Do not be afraid of being dressed for the part you want. Of course, if the answer is no, do not leave empty-handed. Start collecting business cards from anybody and everybody.
**I am told from my unemployed clients that this tactic has produced the best results.
#13 Trick Big Business
As you already have found out, big businesses are different. Their job submission process is different. Sometimes, big companies make applicants answer questions in addition to submitting a resume.
Luckily, you are smart enough in your job search that you see value in creating a bogus profile and working through the submission process with the intent of acquiring their job questions such that you have time to think, write, and submit rock solid answers.
#12 Job Search with Facebook Dark Posts
Is there a company you are trying to get in front of, but are striking out? Think like an advertiser and connect with employees of a business who have hiring power. Next, send them to your LinkedIn account. How? By using a Dark Post. Most folks are skeptical that their job search process will improve by using a dark post. See for yourself how this might help:
#11 Cross Reference Job Posts
Searching for a job through an on-line website makes sense. But, as soon as you nail down a job that you want to seek, consider visiting the job / career link for the company you are interested in.
hen, determine if they have an additional job submission process. Also, try to determine if they’re posting is current or outdated. The punch line: a lot of good information can be found by cross referencing job boards. This in turn will improve your job search process and reduce your unemployment anxiety.
#10 Resume Updates
For some jobs, a resume is not needed. For those who depend on their resume, please keep it updated. If you need help updating your resume, check out a resume writing service like ResumePlant. No, I have no affiliation with them.
Of course, there are many others out there. For a couple hundred dollars, you can turn a year 2005 resume into an updated resume.
#09 College and Vocational Sites
Just because you haven’t been to school in decades doesn’t mean the career counselor or job board at the school you last attended cannot assist with your process. Now is the time to reestablish that connection.
#08 Third-Party Organizations
I dislike job recruiters and temp agencies. I see a ridiculous number of unemployment appeals as a result of temp agencies. If this is a necessity for your job search process, be extremely cautious.
#07 Local Newspaper
Forget the online version. Instead, buy a Sunday paper and check out their job section.
Just because other unemployed folks have suggested the newspaper business is dead doesn’t mean you cannot find something useful in their job section. Also, do not forget the local town newspapers too.
#06 Global Economy
The job market has changed. If you have a skill that is transferable on-line, by all means, do not be afraid of telecommuting.
#05 Don’t Hand Out Your Resume
Handing out resumes at a job fair is old school. You can be better and smarter at your job search process. Handing out a resume should not feel like handing in an assignment in school.
Use your time to acquire business cards and asking questions for the type of jobs “they” need help with. Then, follow-up and tailor your resume to match their needs.
#04 Hand Out Business Cards is a Job Search
Buy hundreds of business cards. Add your contact information. Because privacy is a big deal, limit your business card to your name, phone number and an e-mail address. Next, have this on your purse at all times. Then, hand them out to anybody you know and see.
#03 Volunteer To Improve Your Job Search
For goodness sakes, get out of the house once in a while. Being unemployed is depressing. Helping others tends to lift our spirits. Even if you are limited to a few hours, consider giving more and expecting less. This strategy is very effective in the long-run.
#02 Visit the Elderly
I know this is a strange thing to add to one’s job search process. But, you know somebody who is older than you. I promise, they would rather be young and in your shoes. For me, nothing is more beneficial to my work ethic than knowing I will die someday. Thus, visit the elderly as a reminder that one’s self that they have something others do not: time.
Job Search Tip #01 – Track Your Process
Finally, track your job search activities. In my law practice, the folks who can produce
The closing argument for an unemployment appeal hearing is supposed to be a summary of the laws and facts in support of a directed conclusion.
Unfortunately, a lot of applicants appealing benefits believe their closing argument is an opportunity to spit new information. This is false.
Unemployment Tip # 014 – Facts, whether in the form of testimony, documents, or otherwise needs to be shared with the unemployment law judge BEFORE the closing argument. If an ULJ asks an applicant to give a closing argument and the applicant has more to say or offer, people involved in a hearing are encouraged to beg and plead for an opportunity to present more evidence.”
Closing Argument: Begging and Pleading
It is stressful representing oneself pro se, but when doing so, applicants are not literally begging and pleading for an opportunity to offer more information prior to their final statement or argument.
From a practical perspective, it is as easy as asking for another opportunity to give testimony share evidence.
On the other hand, this opportunity comes near the end of a hearing. A lot of people are not able to recognize an opportunity to advocate on their own behalf. Whether this is due to stress, anxiety, or otherwise, the key issue is knowing what to look for as the final bell.
Elements of a Good Closing Argument
In my experience, I believe a good or even exceptional closing statement does the following:
References legal cases to support a decision in the employee’s favor,
Summaries the facts, and
Is crystal clear on the appropriate conclusion.
In case it is not obvious, a closing argument does not need to be memorized. Certainly, having notes and practicing beforehand (like you did in your high school speech class) is a great way to iron out bugs. For those who do not prepare, this can make a good case look bad or a bad case look worse.
Thus, get everything important onto the record before the closing argument takes place.
The star witness for every unemployment appeal hearing is always the applicant seeking benefits. Unfortunately, looking into the mirror can be difficult to handle.
Before giving testimony that is unorganized, consider seeking help weighing the good from the bad.
In the meantime, below are a few tips for an unemployment witness exhibiting the right credentials.
A lot of people pursuing an appeal for unemployment love the idea of playing Matlock. Sorry to burst your bubble, but an unemployment hearing is hardly the place an applicant should be lining up punch lines to win over a jury.
First, there is no jury. Second, the punch line needs to delivered far sooner than minutes before the phone appeal ends.
When selecting the star witness, I like the idea of working to perfect verbal feedback offered as direct testimony. Usually, this is the applicant. After the applicant, there is everybody else.
Witness Duds
Including the employee who fighting for their benefits, a witness can quickly turn into a dud when they:
Fail to understand the goal of a hearing,
Act confuse,
Speak with fear,
Come across as overly confident,
Speculate,
Change tunes, or are
Aggressively adversarial with a Judge.
Luckily, unemployment witnesses can change from dud to star with a little feedback, practice, and more practice.
Witness Scope for an Unemployment Hearing
How far or to what level a star witness should be prepared depends on the scope of the case. Very often, a witness cannot speak to every fact or raised issue. But, speaking to policies and first-hand accounts (even if limited) can be very powerful.
Being Under Oath is a Rule
As you might expect, people giving testimony at an unemployment hearing are under oath. Despite this fact, many witnesses lie when they have an interest in the outcome of the case.
For this reason, I like the idea of taking notes during a hearing when a lie is presented such that a witness or applicant can circle back and offer additional testimony to disprove a lie.
Taking the bar exam as an unemployed law student can be overwhelming when students are just trying to pass their test. In my years, I have spoken with hundreds of law students experiencing this same process.
Generally speaking, everybody has a different approach. Today, I want to share a quick outline of a more effective strategy.
Meet Mr. and Mrs. Bar Exam
First, I like the idea of framing the bar exam as an achievable goal that will help students turn into future lawyers. In other words, if passing the state law exam is my goal, I immediately create a wall, which will hurt if I run into it at full speed. If the only reason to retain information is to dump it onto an exam, that student and exam taker will lose.
Instead, I like the idea of framing the bar exam as an opportunity to prepare myself for future clients. The bar exam is no longer a thing, it is a person. As a result, allow me to introduce you to Mr. and Mrs. Bar Exam. They have children. They have a business. They owe taxes. They have a complex living arrangement. They fell on the ice. They are the victims of a crime. They entered into an unconscionable contract. And, they need your help.
If you study each law exam topic as if you will need it to advise future clients, then every detail matters and my hope for you is that you will retain every detail. The Bar Exam family need you, right now, to exhibit 100% effort so their legal issue can get resolved.
Bar Exam and Your Calendar
Second, the idea of circling the bar exam test dates on a calendar is an absolute joke. Serving Mr. and Mrs. Bar Exam is a process that requires methodical planning. The end date isn’t as important as the process of retaining information and serving the issues that get asked.
Own the present.
Historical Records Help You Serve Mr. and Mrs. Bar Exam
This next point is going to blow your mind. You live in an apartment down the road from your school, right? Do you recall the first time your toilet plugged and you were fearful of toilet water hitting the floor? For a brief second, that was scary, right?
Well, the second time it happened it wasn’t as scary because you quickly realized how to overcome the issue, after all, it wasn’t your fault the landlord hadn’t replaced your apartment’s toilet parts in over 15 years. In other words, your past experience helped you address a same or similar problem.
Practicing law is problem-solving. Past legal problems help lawyers serve present legal problems. There are many ways to gain experience. Two effective way include:
Time, and
Reading.
Luckily, you have time to read. I encourage all law students preparing themselves for a bar exam to read and work through practice problems. I like the idea of using practice multiple choice questions because a student can cover a lot of ground in a short period of time. One source of exam questions can come from here.
Thus, the more you practice problems you work through, the better prepared you will be when Mr. and Mrs. Bar Exam ask for your help.
Unemployed Law Student Taking the Bar Exam
Of course, all of this is only worth your time and effort if you pass the exam. Being unemployed is scary. Being unemployed and failing the Exam is even scarier. For me, the fear of failing was just as compelling as the strategy I addressed above.
If that doesn’t work, then perhaps the Chinese Bamboo Tree is your saving grace. Either way, I believe you are going to be successful at serving Mr. and Mrs. Bar Exam.
If during this process you are audited by an employment agency or are offered a non-compete contract, please reach out. In the meantime, keep working hard.
The news about the unemployment rate shouldn’t impact an appeal, but it does. In case you missed it, supposedly the unemployment rate dropped to another low rate, like it had in other years. For many of my Clients, this does nothing to help with an appeal. In fact, it can make matters worse.
Each year seams to create different application question or other issues of significance. This is usually based on cases heard by Minnesota’s Court of Appeals. As a result, every applicant should be on guard for trick questions that ultimately impact their eligibility for unemployment benefits.
Below, I will address these tricks and the pink elephant.
Impacts On Unemployment Appeals
No, the unemployment rate does not impact DEED or unemployment law judges on how they should decide a claim. Instead, it is a term of art.
The term “unemployed” is an economic principle that means a person wants a job, but they do not have a job. People who do not want a job are not considered unemployed.
When the rate of unemployed workers gets to high, our government (Minnesota and Federal) have the opportunity to extend benefits. We saw this in 2007, 2008, and again during the Covid Pandemic.
In other words, instead of getting unemployment for 26 weeks, people can sometimes receive benefits for 52 weeks (or more). When this happens, it can cause lots of audits, appeals, and overpayment issues.
Unemployment Rate Stress
The unemployment rate cannot impact whether you apply for a job. Instead, the rate of our unemployed tells us more about wage negotiations. This is true for both a high unemployment rate versus a low rate.
In other words, refrain from allowing your job search process to be impacted by UI stats expressed in the news. For those that allow this to seep into their process, this can be detrimental and raise eligibility and job search issues.
Yes, being unemployed stinks. But, a new job or a job to help us land a more ideal job is right around the corner. This means that we sometimes need to seek out a job versus a new career. The new career can come later.
Unemployment Trickery
Let’s address the pink elephant in the unemployment office. Every time an Applicant communicates with a representative at the unemployment office (phone person, work force center, judge, etc.), they risk their benefits. Why would this be?
Minnesota has a long list of eligibility conditions. These conditions are tricky. Many of these conditions are found at Minnesota rule 268.085. Others are found elsewhere.
For example, imagine talking with the unemployment office and being asked about a job search, which eventually leads to “how many jobs have you applied for?”
Before applicants answer questions embedded or hidden, view all communications as an extension of your application, I like the idea of b
The process of seeking and appealing for benefits is stressful. Applicants can reduce stress by rescheduling their appeal hearing for a time that works best for them.
Far too many applicants forget they have rights. Applicants needing help with stress or other mental health matters should consider seeking advisement.
For applicants trying to acquire medical documentation of anxiety, depression, or other impairments, re-scheduling a hearing can be a great option.
Applicants have rights regarding when and how their hearing will be scheduled. As simple as it might be, reduce unemployment stress by finding a court date and time that accommodates you being at your best.
Unemployment Tip # 013 – I believe applicants can reduce stress by rescheduling their appeal hearing for a time that works best for them. Far to many applicants forget they are allowed one opportunity to reschedule a phone call with a judge (assuming specific rules are followed). If meeting with a judge interferes with a family conflict, try to reschedule. If you work best after the lunch hour, reschedule. As simple as it might be, reduce unemployment stress by finding a court date and time that accommodates you being at your best.”
Unemployment Stress
Other times, stress is far more significant than finding a different court date and time.
The financial burden of getting denied unemployment benefits can be revived by having a plan. Even better, an Applicant will have a game plan and a back-up plan.
Generally, a game plan is their legal strategy of acquiring benefits. After all, a boss and employer are unique to the Applicant. Verbalizing the storyline that led to a discharge requires careful planning.
Usually, a storyline starts with the date of a discharge and works backwards. Sometimes, this comes as a surprise because people like the idea of starting from the beginning, as if their first day of work and why they were hired.
Starting from the beginning when talking with a unemployment law judge generally makes the conference more stressful than it needs to be. Thus, reduce unemployment stress by creating a game plan designed to show why and how one is eligible for benefits.
Health problems that even so slightly impair our ability to communicate or think clearly are burdensome to an appeal. On one hand, you want to bring a strong case. On the other, you are having difficulties describing the facts because you are overwhelmed by your health.
In my practice, I hang my hat on what people say and feel. All attorneys helping others with an unemployment issue must find ways to support those suffering from health problems.
When health problems impact our ability to communicate with a Judge or an administrator, and the administrative law judge relied on our tainted feedback, applicants can breath new life into their case by raising specific legal issues.
Laws Supporting Health Issues
The first rule that stands out is due process. Due process is as simple as getting a fair opportunity to share your story. When the opportunity is minimized by one’s health, then there is a breach in due process.
Sometimes, people use fancy words like being prejudiced or making reference to the US Constitution. But, let’s skip the formalities and stay focused on the appeal for benefits: when an appeal goes bad because of health problems, people have rights.
Health Problems and the Hearing
As you would guess, one of the strongest ways to describe a health problem after the fact is using a doctor’s note or letter. After all, they are helping you with your ailment or condition.
Because connecting the dots can be somewhat tricky when there is a lapse in time between care from a doctor and an appeal hearing, showing a history of health issues can be the next best thing.
The situation that is most difficult is when a person failed to seek help and they do not have a documented history of seeking care.
Types of Health Problems that Impact an Appeal
The sky is the limit on the types of issues people experience. While some are overwhelmed with anxiety, others can be impacted by a toothache or medication. Again, the key is a health issue that puts us under duress or reduces or abilities to make sound decisions.
When our health concerns are documented and clarified by a doctor, this can be a very important step towards a second chance with an appeal.
Thus, do not be ashamed, embarrassed, or something in-between. Instead, get help.
An unemployment request reconsideration Minnesota style is more than a fancy term. This type of an appeal means either a person or employer wants their unemployment case re-reviewed.
Generally, the party who lost the phone hearing asks an unemployment law judge to re-reviewed the case.
This is such an important topic, I devoted an entire page to this issue here. Otherwise, here are a few more thoughts.
What is the Goal for this type of Appeal?
There are two goals when filing this type of unemployment appeal, and they are not necessarily mutually exclusive.
Goal 1: Reverse the Unemployment Decision;
Goal 2: Ask the Unemployment Law Judge to order an additional phone appeal (Level I).
What Does a Request for Reconsideration Look Like?
First, both the Applicant and Employer can file a request for reconsideration on-line. Filing this type of an appeal online limits you to a small box to write information in. As a result, it is hardly ideal to file a request for reconsideration on-line.
On the other hand, if you file a formal legal document called a Memorandum of Law, your unemployment request for reconsideration in Minnesota can be drafted in a manner that supports your request. In other words, you are likely going to need more than a small box to highlight case-law, Minnesota rules, and space to outline legal arguments favoring your cause.
Generally, an unemployment reconsideration includes a section highlighting the issue identification number, a statement affirming your appeal, an outline of issues you are requesting a re-review of, and an explanation of laws relevant to your situation.
As a result, an unemployment request for reconsideration in Minnesota can be extremely lengthy depending on issues and exhibits.
Who Reviews the Request After it is Filed?
In most cases, an unemployment request for reconsideration in Minnesota is reviewed by the same Unemployment Law Judge that reviewed your unemployment phone appeal. However, there are exceptions.
Changing the Unemployment Request for Reconsideration
The likelihood of a request for reconsideration in Minnesota being granted in your favor depends on legal arguments, whether this includes a reference to Minnesota laws, case law, or other legal doctrines. That said, there are strict deadlines that the parties and Minnesota Department of Employment and Economic Development must follow.
What are the Results for an Unemployment Request for Reconsideration?
After an unemployment request reconsideration Minnesota is filed, there are three potential outcomes:
When should an Unemployment Request for Reconsideration in Minnesota be filed?
Time is not on your side. Because research will likely be involved and Minnesota law mandates the filing of a request for reconsideration within a specific period of time, consider seeking help or drafting your reconsideration ASAP.
That being said, do not file your Request for Reconsideration and seek help thereafter. Instead, consider seeking help before you file such that you do not waive certain rights.
Additionally, time is of the essence because you will need time tracking down documents, exhibits, or witnesses to help reverse the decision.
Is an Unemployment Request for Reconsideration in Minnesota necessary?
According to the unemployment laws in Minnesota, the losing party in an appeal for unemployment benefits must, as a predicate to appealing the matter to the Minnesota Court of Appeals, seeking a request for reconsideration from the Unemployment Law Judge’s (ULJ) determination.
In other words, failing to file a timely request for reconsideration in Minnesota can be detrimental to the person or employer seeks an appeal from the Minnesota Court of Appeals.
If the other party files an Unemployment Request for Reconsideration in Minnesota, should you file one too?
If you do not stand up for yourself, nobody else will. It is critical for you to respond to a request for reconsideration is filed by the other party. This is true for both employers and applicants seeking benefits. Otherwise, the Unemployment Law Judge may reverse their decision because you failed to respond accordingly.
On the other hand, there are certainly reasons why a party should NOT respond to a Request for Reconsideration. For help making this decision, please contact this law office for help.
Who can help you with an Unemployment Request for Reconsideration in Minnesota?
If you are considering an unemployment request for reconsideration in Minnesota, please consider contacting an unemployment lawyer for help. As you proceed through the appeal process, your rights related to unemployment benefits become more complicated.
Thus, the sooner you seek help – the more time you are giving others who can search for past legal decisions which may support your case.
Social media access on your work computer is a no-no because very little good can become of it. For employees doing research after getting reprimanded or discharged, looking backward is the name of the game.
On the other hand, if you are doing research to see if it is permissible or not, I am in favor of avoiding this conflict altogether. In fact, avoid all log-in websites. This includes:
Why? Because what good will it do and why can’t you use your personal cell phone away from your workspace? Nonetheless, let’s examine what an employee might expect when being fired for online issues.
Unemployment and Fired for Social Media Usage
Being fired for internet issues and seeking unemployment benefits is an unexplored area of law. For the purposes of this section of my post, I will focus on using social media while working versus getting fired for words or expressions made using a social account. In general, there are a handful of quality arguments in favor of acquiring unemployment benefits:
Usage was permitted,
Other employees are doing the same,
Time used was limited or rare,
The employer failed at offering a warning,
Accessing an account was inadvertent, and
There was a good faith error.
There are many other reasons and each situation will be different. Even better, positive results are achievable.
Evidence for Unemployment Cases Involving Social Media
When somebody contacts me about getting fired due to a social media issue, I like the idea of requesting a specific reason for the termination or discharge by using Minnesota statute 181.933.
Also, I like the idea of seeking a copy of one’s personnel file and the employer’s expressed policy on internet usage.
Fired for Nonwork Activities
For the camp of folks who get reprimanded or lose their job because of a social media post, again, this is a very new area of the law. As a result, there isn’t necessarily a legal precedent workers and employees can turn to for support.
That said, I foresee people having an easier time with a case when a post is socially acceptable, unrelated to an occupational requirement, and avoids a conflict of interest or loyalty owed to an employer. Again though, this type of situation is going to be different for every person and employer.
Social Media and Final Thoughts
Social media is a wonderful tool, but it can cause problems too. Because I am seeing more and more of these types of situations, the lines are less blurry than years past. But if given the chance, err on the side of being cautious.
