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.
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.
