Category: Unemployment

Stay informed on unemployment law with insights and legal guidance.  Blog covers unemployment benefits, eligibility requirements, appeals, reconsiderations, overpayments, penalties, misrepresentation, and evidence. Get the latest updates and practical advice to navigate the unemployment claims process.

  • Unemployment Luck: Tip #007

    Unemployment Luck: Tip #007

    Recently, I have worked with a number of applicants trying their hand at being lucky.  In other words, leaving their appeal up to chance.  For this reason, I believe the unemployment tip referenced below is going to save people from making a bad choice.

    Unemployment Tip # 007 –  Being lucky versus good is a horrible strategy.  Instead, assume the unemployment law judge is not looking out for the Applicant’s best interest and know which rule proves one’s eligibility.”  

    In other words, hoping an ULJ will pick the right law to grant benefits is a loosing strategy.  Instead, focus on the strongest argument favoring benefits.

  • Interview for the Unemployed, Tips and Thoughts

    Interview for the Unemployed, Tips and Thoughts

    An interview for the unemployed is stressful.  Answering questions about a job loss makes this process even more difficult.   This is especially true when a person does not know how to classify the events that led up to their job ending.

    Because most folks who contact me are unemployed, I am very familiar with this type of anxiety.

    Being Scared about the Unemployment Label

    No, I do not think workers should be scared of referring to their job loss as a lay off.  Really, what alternative do we have?  It happened and now we need to move on, right?  On the other hand, we cannot make the situation worse by falling for a trap.

    For one, a layoff and getting fired is practically the same thing.  The distinction people get stuck on, are the words and events that led to their job ending.

    Whether an employer is honest or they stretch the truth to avoid unemployment taxes imposed by Minnesota, is not a problem or issue a person should bring to their next interview and job.  Please read on, for more tips.

    Interview For the Unemployed Worker:  Resume

    Personally, I like to see people focusing more on their skills and talents within a cover letter, resume or application than a negative.

    First, time and space is of the essence.  Second, the interview process is likely the better venue for discussing a job loss.  Third, a person gets hired based on their talents.  You already know this, but I will say it always: focus on your positive attributes instead.

    Applications for Unemployed Workers in Minnesota

    Surprisingly, I meet with a lot of people who cannot wait to fill out a job application and use their past employer as a reference or summarize a storyline that led to their job ending.  Don’t do this!

    Would a divorced person encourage a potential date to ask their ex-souse questions about a past marriage?  Of course not!  Your divorced?  Ok, lets move on.  Likewise, I believe the same is true for folks filling out applications and work past the unemployment process.

    That said, a person who is divorced shouldn’t lie about being married.  And, job applications shouldn’t lie about having a past job.

    The trick is keeping it simple.  In my experience, a lot of employees, workers, managers or whatever, are able to state with a clear conscious that their job ended because they were laid off.  Period.  When the situation is more complicated, I think seeking help is highly encouraged.

    Unemployed Workers Getting Interviewed

    Every person who has suffered a recent job loss (quitting or otherwise) should take their unemployment benefits seriously to assist in their transition.  After that, focus on acquiring an interview.

    The difference between a bad interview and a great interview is preparation.  Unfortunately, unemployed workers are failing at the interview question about their job loss.  Sometimes, future employers use “why do you want this job” as another way of asking about your job loss.  Do not fall for this trap.

    Luckily, you read this article and contacted me directly.  Limiting an answer to a lay-off is so much easier than talking about a bunch of events which only a significant other and an attorney should know about.  Perhaps you agree.

    Either way, I wish you the very best.

  • Evidence for Unemployment: Tip #006

    Evidence for Unemployment: Tip #006

    Evidence for unemployment can take on many different forms. For some, this means seeking a positive review, while others want copies of a video tape. That said, don’t underestimate the power of the spoken word.

    Unemployment Tip # 006 –  An Applicant’s testimony can sometime be more important than other forms of evidence, like a document, e-mail, etc.  When faced with an appeal, verbalizing facts in a precise order can help Applicants win their appeal.”  

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    After pinpointing one’s own testimony, then start the process of collecting evidence.  Perhaps this means making a decision about a subpoena. Either way, here are a few examples of evidence:

    • An employee handbook,
    • Job posters,
    • History of other employees in a similar position,
    • Positive performance reviews, etc.

    Assuming evidentiary rules are followed correctly, when a person or employer submits evidence, the unemployment office will mark it with a watermark and return it to each party. Usually, this is done using a yellow envelope.

  • Quit or Discharge: Unemployment Tip #005

    Quit or Discharge: Unemployment Tip #005

    Quit or discharge is a confusing question. In fact, it isn’t even a question. Instead, it is a legal issue often addressed by an unemployment law judge.

    Sometimes, workers and employees are confused whether they quit their job or were fired.  Applicants should never argue they do not know whether they quit or were terminated.  Instead, find the unemployment law that best supports eligibility. 

    Unemployment Tip # 005 –  When the reason a job ended is an issue, Applicants should never argue that they do not know. Instead, find the unemployment law that best supports eligibility.”

    Before selecting quit or discharge, know that every question is a trick question.  Really though, employees seeking unemployment benefits can take their case under control by knowing which element of rule 268.095 applies to them and why.

  • Unemployment Tip for Covered Employment Appeals

    Unemployment Tip for Covered Employment Appeals

    Covered employment is a significant issue you didn’t know existed. The issue is whether your job was counted as “covered employment” or the opposite, “noncovered employment”.

    Noncovered employment isn’t good for benefits isn’t good for benefits. This specific term means a person is not eligible for unemployment. Sometimes, employers will argue that a certain job was “noncovered employment” to avoid or reduce taxes.

    Unemployment Tip # 004 –  Applicants should always be prepared to make the argument that their job was covered employment.

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    Applicants who see this issue raised are using those working as a contract employee or as an independent contractor. Other jobs that run into problems are those aligned with the State of Minnesota.

    Unfortunately, Applicants in Minnesota are often tricked into assuming it doesn’t matter.  For those wishing to acquire benefits, it matters.

  • Submitting Job Applications to Remain Eligible for Unemployment

    Submitting Job Applications to Remain Eligible for Unemployment

    Submitting job applications to remain eligible for unemployment benefits is an art.

    A lot of unemployed workers fail at giving the right answers when audited on their resume submission process.  Thus, I want to quickly address this issue.

    Job Applications and Unemployment

    As you can read under Statute 268.085, workers and employees are required to to seek suitable employment while unemployed.

    On the other hand, this unemployment rule fails to identify a specific number.  As a result, you have a very ambiguous rule.  For those who have kept up, this is what I tell newly unemployed workers.  The hard part about an unemployment audit is this:  one never knows when or if it will come.

    For this reason, I like the idea of logging hours specific to the job search process (looking, applying, following-up, networking, etc.) versus the actual job submission process.  After all, careers and jobs are not alike.

    On the other hand, this I know:  the number of jobs applied for should never be zero (0).  For how long though, that is a more significant question, which is why folks generally need advice for their specific situation.

    Logs for Job Applications

    For those still stuck on the logging process, lets keep it simple, but spot on.  A common theme for those that I represent is replacing working hours with job searching.  In other words, if an applicant worked 40 hours, then replace those same 40 hours [if possible] with the job search process (looking, applying, following-up, networking, etc.).

    Job Applications and Unemployment Audits

    As much as it pains me to say it, having an unemployment account audited is a real thing.  In my experience, one of the heaviest areas focused on by auditors includes job applications.  For this reason, I encourage all receipts of unemployment benefits (especially those in Minnesota) to keep their a folder on their computer exclusive to their job search process.

    I agree, there is likely a lot of gray, which again, is an issue that is going to be situation specific.

    Finally, for those wondering how long they should keep this type of information, I recommend one of my past posts on this very topic.

  • Work Force Center: Unemployment Tip #003

    Work Force Center: Unemployment Tip #003

    Continuing on with my new series for unemployment tips, let’s address the work force center. For some reason, newly unemployed workers want to spill their story with the workers and staff members assigned to the workforce center they happen to visit.

    Unemployment Tip # 003 –  Second guess all advice coming from the Work Force Center regarding an appeal or how to handle a claim.

    The call center at DEED and the various workers at the work force center are the eyes and ears of those who deny claims.  Hopefully, applicants do not find out the hard way.  

    So, before contacting the work force center for help, consider the ramifications of doing so.

  • Telecommute and Unemployment in Minnesota

    Telecommute and Unemployment in Minnesota

    Telecommute and unemployment in Minnesota is a new concept and  undeveloped from a case law perspective.  In Minnesota, a person who telecommutes has the same rights as a worker in an office.

    Thus, do not fear if you thought your role as a telecommuter affected your unemployment rights for MN.

    Telecommute and Unemployment in Minnesota Laws

    First, Minnesota unemployment laws do not define who is or who is not considered a telecommuter.  Instead, the legal issue that impacts most telecommuters stems from wages and hours.

    In other words, there isn’t a specific law exclusive to workers who telecommuted and are seeking unemployment benefits.  A person who was classified as a remote worker or a telecommuter should review their eligibility as if their classification was not important.

    On the other hand, if you were discharged from your job because of an issue specific to your classification as a telecommuter, then this is where the game will change.  Being discharged because you were a telecommuter versus being discharged for an incident specific to your classification are two different issues.

    Can you collect unemployment in Minnesota after being a telecommuter?

    Absolutely – the fact you were a telecommuter does not automatically make you ineligible for unemployment benefits.

    Likewise, the fact you were a telecommuter does not automatically make you eligible for unemployment benefits either.

    What problems might you face if you combine Telecommute and unemployment in Minnesota?

    The biggest problem this law office sees with workers trying to collect unemployment benefits after they telecommuted is reviewing which state they are eligible for benefits.

    This law office represents applicants exclusive to Minnesota.  That said, sometimes DEED tries to persuade or push applicants to another State.  This isn’t necessarily always correct.

    First, Minnesota law says a person who applies for unemployment benefits in a different state is automatically ineligible for unemployment in Minnesota.  Second, benefits in Minnesota are likely higher than any other state.

    If you need help with your claim, please contact an unemployment lawyer for help.

  • Medical Records for Unemployment: Tip #002

    Medical Records for Unemployment: Tip #002

    Medical records for unemployment seems like an odd combination, but it happens a lot.

    Medical records can create good issues and bad issues for applicants to address. Before randomily submitting medical notes because you feel like you have nothing to loose, consider seeking advisement first.

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    When a medical issue impacts our job performance, likely, there are medical records.

    Unfortunately, Applicants in Minnesota are often tricked into assuming forms used by the unemployment office are helpful.  If they were, then I wouldn’t need to address this issue.

    Physical and mental health records for unemployment appeals can impact employees who quit their job and  those discharged for employment misconduct.

    Unemployment Tip # 002 –  If an Applicant’s health is an issue, always consider seeking a formal written opinion from a treating physician that incorporates language form the Minnesota unemployment statute.

    It is never a bad idea to seek help. But, if your physical or mental health is even remotely related to your unemployment appeal, you owe it to yourself to find additional support.

  • Applications: Unemployment Tip #001

    Applications: Unemployment Tip #001

    An unemployment tip must have value. I decided to create a new series exclusive to unemployment tips.

    If you are unemployed and reading my blog posts on a regular basis, I hope you find this helpful.

    Thus, here is the first tip of many:

    Unemployment Tip # 001 – Before applying for unemployment benefits, always ask which unemployment rule or rules can help you become or remain eligible for benefits.   

    For many people, Minnesota statute 268.095 is very impactful.  Of course, there are many others. In the legal world, issue spotting is the name of the game.

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    If you are looking for more tips about applications, consider Tip #017.

  • My Reconsideration Review With the Same Unemployment Law Judge

    My Reconsideration Review With the Same Unemployment Law Judge

    The reconsideration review process for unemployment benefits is conducted by the same unemployment law judge that reviewed the phone appeal.

    In my experience, most applicants are surprised by this.  Like you, I agree that this process is unfair.  But, some of my most exhilarating moments as an attorney has been during the reconsideration process.

    Thus, I do not think the reconsideration review laws should be a reason to refrain from filing an appeal  or giving up entirely.

    Reconsideration Review Laws

    The laws for an unemployment reconsideration come from Minnesota statute 268.105.  The part related to a review for an unemployment reconsideration says the following:

    A request for reconsideration must be decided by the unemploymentlaw judge who issued the decision under subdivision 1a unless that judge:

    • (1)  is no longer employed by the department;
    • (2)  is on an extended or indefinite leave; or
    • (3)  has been removed from the proceedings by the chief unemploymentlaw judge.

    Exceptions to the Same Judge

    As we can see in the above referenced rule, there are three exceptions to the general rule.  In my experience, the exception that applies most often is when an Applicant specifically asks for their judge to be reviewed.  Unfortunately, this is a difficult request because it usually requires finding a reason the Judge was impartial.

    Sometimes, impartiality is obvious because the Judge will suggest they have an alliance with a specific group or employer.  Other times, the Applicant needs to search for an specific reason or find out anecdotally.

    Proceeding with a Reconsideration

    Once an applicant turns their attention towards the drafting stage for a reconsideration, I think the next step is related to a transcript.  From there, using Unemployment Laws from Chapter 268 is generally the next step for issue spotting.

    Finally, if you are in need of help and want to talk with an unemployment lawyer, please reach out.  I wish you the best.

  • Getting Copies of Your Unemployment Transcripts

    Getting Copies of Your Unemployment Transcripts

    Unemployment transcripts are extremely important because they help formulate an appeal.  For example, obtaining your transcript can help applicants:

    • Identify testimony,
    • Make reference to lies,
    • Support procedural errors.

    Thus, obtaining a transcript from an unemployment case is a process I believe every applicant should engage.

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    Unemployment Transcripts:  Rule in Minnesota

    The rule for obtaining a transcript depends on the type of appeal an applicant is seeking.  Although not always the case, Minnesota rule 3310.2917 supports applicants in their process of obtaining copies, evidence and testimony from their hearing. Even better, they generally waive court fees too.

    Unfortunately, the unemployment office does not always agree.  For this reason, making reference to Minnesota’s constitution along with a more diligent approach can sometimes support a transcript request.

    Again though, the type of appeal (court of appeals versus a request for reconsideration) will dictate the process utilized for obtaining unemployment transcripts.