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.

  • MN Workforce Center Advice is worth about 2 Cents

    MN Workforce Center Advice is worth about 2 Cents

    Workforce center advice about unemployment benefits in Minnesota is a bad idea.

    In fact, I would estimate most of the folks that contact me are doing so because they received horrible advice.

    Here are a few examples:

    Tell your story to the judge and everything will work out…

    Applicants do not need an attorney for their case…

    If an applicant looses, they can always appeal…

    Workforce Center Advice: Talking to an Unemployment Judge

    It isn’t the process of talking to a judge that is problematic for an unemployment claim.  Instead, it’s what people decide to talk about that becomes the problem.

    Talking with a judge is called testimony.  Being nervous can impact testimony.  Other times, I see applicants allowing the judge to lead them down a specific path versus having a clear goal or agenda.

    As soon as a person knows what and why they are giving testimony, talking becomes testifying with a purpose.

    Workforce Center Advice:  You Don’t Need an Attorney

    Finding out that the workforce center advice that a worker received was wrong is maddening.  Not everybody needs an attorney every step of the way.  Luckily, an ounce of help can go a long ways.

    I am a strong believer in advising workers on how to handle their unemployment case on their own merits versus assuming an attorney isn’t needed every step of the process.  Of course, there are situations that call for this type of attention, but not nearly as often most folks think.

    Sometimes, knowing you have a weak case versus a strong case is valuable.  Also, I think people find relief when they hear about alternatives to a denied claim.

    Workforce Center Advice:  Applicants can Always Appeal

    Yes, workforce center advice claiming a person can appeal is right.  On the other hand, the workforce center often forgets to tell folks that adding or changing the “record” after a phone hearing is extremely difficult.

    If a person fails at addressing issues of concern or fact during their phone hearing, they risk never having a valid opportunity to correct the deficiency going forward.  Of course there are exceptions, but the best time is during a phone conference with a judge.

  • Unemployment Benefits for a Third Shift Job are Not the Same

    Unemployment Benefits for a Third Shift Job are Not the Same

    Third shift jobs are about to start and I felt compelled to address this special group of unemployed workers.

    Thus, if you work the 3rd shift, I hope this short outline helps.

    Third Shift: Hourly Wage

    First, it takes a special type of person to work the third 3rd shift.

    In my experience, most workers in this category seek the 11-7 shift because they want a higher hourly wage.

    Third Shift: Independently Motivated

    Second, third shift workers are generally independently motivated employees.  I believe this because altering one’s sleep schedule and family life is all about sacrifice.

    Third Shift: Unemployment Benefits

    Third, unemployment benefits for a 3rd shift job are not the same as a day job because the definition of “suitable employment” applies differently.

    Suitable employment is a term used by the unemployment office to help us determine which jobs we are required to apply for during the unemployment process.

    The law that typically comes up in Minnesota is statute 268.085.  The rule reads as follows:

    Subd. 15.Available for suitable employment defined.

    (a) “Available for suitable employment” means an applicant is ready, willing, and able to accept suitable employment. The attachment to the work force must be genuine. An applicant may restrict availability to suitable employment, but there must be no other restrictions, either self-imposed or created by circumstances, temporary or permanent, that prevent accepting suitable employment.

    (b) Unless the applicant is in reemployment assistance training, to be considered “available for suitable employment,” a student who has regularly scheduled classes must be willing to discontinue classes to accept suitable employment when:

    (1) class attendance restricts the applicant from accepting suitable employment; and

    (2) the applicant is unable to change the scheduled class or make other arrangements that excuse the applicant from attending class.

    (c) An applicant who is absent from the labor market area for personal reasons, other than to search for work, is not “available for suitable employment.”

    As you can tell, the term suitable employment is as clear as mud.  What is suitable employment or not suitable employment is different for every third shift worker.

    In other words, employees are sometimes required to prove why seeking a subsequent third shift job is unnecessary going forward.

    Because the unemployment office sometimes uses this rule against a worker accustomed to a 3rd shift, I encourage being attentive and using case law to support all claims.

  • Fighting Anxiety When Giving Unemployment Hearing Testimony

    Fighting Anxiety When Giving Unemployment Hearing Testimony

    Hearing testimony during an unemployment case is very common.  In fact, I cannot think of one hearing that did not involve talking to a Judge.

    In my experience, many of my past Clients seek my help because they get anxiety just thinking about communicating with their employer or a judge.

    Because most of the applicants I meet with share this fear, I wanted to create a short list of suggestions.

    Unemployment Lawyer

    Unemployment Help

    Contact Now

    Hearing Testimony:  Unemployment Help

    If a person cannot talk for themselves or they become easily confused, ask yourself:

    • Would practicing out-loud make the process easier to manage?
    • Is it possible that a mental health issue impacted employment too?
    • Would having evidence from a doctor make a case stronger?
    • Are there trigger words or dates that can help remind us what to talk about?
    • Is it reassuring that we can always ask for a break to step away to the restroom?
    • Would another person help the case when giving hearing testimony?

    Hearing Testimony:  Who can Ask Questions

    Another common stress or worry that I hear about is the fear of who will ask the questions?  Generally, anybody on the phone or at the court appearance can ask questions.  This includes:

    • The unemployment law judge,
    • An attorney,
    • The employer and their witnesses.

    Anxiety with this process is usually amplified because a person does not know what to expect.  Knowing that others will have an opportunity to ask questions can sometimes give relief.

    Also, I think it is wise to be prepared for making legal objections such that unfair questions can be put to a halt before they become damaging.

    Hearing Testimony:  Does Anxiety Really Matter?

    You already know that stress, depression and anxiety is a real thing.  For those that have sought help from their doctor, I commend you.

    For those needing help from their doctor, having a diagnosis can really have a positive impact on an unemployment case.  Especially those discharged for employment misconduct.

    Hearing Testimony:  Unemployment Benefits are Worth Fighting For

    Again, I know stress and anxiety impacts some of my Clients.  In fact, I think having anxiety over giving testimony to a judge or hearing a manager’s voice on the phone can make the situation even worse.

    Sometimes, knowing why and how to approach a claim is the best strategy to overcome anxiety.

  • Don’t be a Fool with your Executive Unemployment Benefits

    Don’t be a Fool with your Executive Unemployment Benefits

    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.

  • Unemployment in Minnesota after Calling in Sick and getting Fired

    Unemployment in Minnesota after Calling in Sick and getting Fired

    Calling in sick and loosing your job is a horribly stressful.  The unemployment process in Minnesota is forgiving when workers call in sick and lose their job.

    However, the process in proving why you are eligible for benefits can be one problem after another.

    Calling in Sick:  Unemployment Rules

    Employees calling in sick are generally fired for one of three reasons:

    • They have too many absences,
    • The absence is “unexcused” or
    • The worker is told they didn’t follow procedure.

    When I meet with workers, I encourage workers to take a different strategy.  Instead, start looking at the rules that will help you win an unemployment case.

    One of the many rules used in Minnesota is a rule called 268.095.  The unemployment process defines the process of making a mistake “employment misconduct”.

    Thus, I think the first step in proving a called in sick case is knowing about the employment misconduct rule.

    Calling in Sick:  Should You Quit?

    Rarely do I encourage workers to quit their job after calling in sick.  Believe it or not, some employers will make a worker feel like quitting is the only option.  As you might expect, I disagree.

    Calling in sick generally means a one time or one shift or one day occurrence.  I do not view this process as a long-term perpetual disease or medical problem.  I view more impactful medical conditions differently because different laws generally apply.

    Yes, there are unemployment laws in Minnesota that can support workers with a medical condition.  Unfortunately, Minnesota also has rules to make a person ineligible for benefits because they have a medical condition too.

    In practice, a person trying to protect their unemployment benefits should know why and how the rules will impact their application for benefits.

    Calling in Sick:  Unemployment Cases in Minnesota

    I wish it wasn’t so, but every worker experiences something a little different because everybody has a different boss and most workers have:

    • Different employee handbooks,
    • Previous storylines,
    • Co-workers treated differently than themselves.

    So, before you start researching different cases supporting or denying benefits for being sick, be proactive by proving why you are right.

  • Managers Unemployment has reached 26.5% in Minnesota

    Managers Unemployment has reached 26.5% in Minnesota

    Managers unemployment statistics are increasing at an alarming rate.

    Even though the unemployment rate in MN is 3.3%, the unemployment rate for managers in Minnesota is 26.%.

    Managers Unemployment:  What are the Numbers?

    Compared to the past year, approximately 200 more supervisors in 2016 than 2015 requested unemployment benefits.

    My hope for 2017 is that managers and bosses trying to appeal their benefits will take an appeal seriously to reduce the risk of having their unemployment benefits denied by MN.

    Managers Unemployment:  Who Does this Include?

    The term “manager” is an occupation defined by the Department of Labor.  Really, it is easier to identify who is not a manager versus define who is considered a supervisor.

    A manager does NOT include:

    • Business operations,
    • Financial operations,
    • Computer occupations,
    • Mathematical occupations,
    • Sales, or
    • Office support staff.

    Managers Unemployment:  Why this is Important?

    In my experience, this is why these numbers are important:  because the unemployment office can scrutinize a person’s labor market.

    If I am a manager and I lost my job, then logic says I should look for another manager job.  The unemployment statistics referenced above suggest that this will be a difficult process.

    As a result, I want to prepare myself early and quickly by including  jobs outside my labor market into my job search process.

    Managers Unemployment:  Appealing Benefits

    Unemployment appeals specific to managers is another interesting.  Generally, managers trying to collect unemployment benefits do not have many issues when their job loss is due to a layoff.

    However, employers who like to exaggerate will claim their manager failed in their responsibilities, acted intentionally or were negligent.  In layman’s terms, the unemployment office calls this employment misconduct.

    Even though managers unemployment levels are high, conceding your claim because you are accused of misconduct is unacceptable.  As stressful as it might appear, I encourage digging in and proving up your case.

  • 1,699 Different MN Unemployment Law Cases for this Rule

    1,699 Different MN Unemployment Law Cases for this Rule

    How many MN unemployment law cases are there for appeals in Minnesota?  Alone, there are 1,699 public cases that discuss Minnesota statute 268.095.

    By the time you read this, the number of cases will increase.

    While some cases are unpublished, these types of cases still offer value.  For applicants appealing their claims because of employment misconduct or quitting, published cases are even more important.

    If you are looking for updated cases, consider contacting the Minnesota Court of Appeals.

    Otherwise, if you are appealing an unemployment case and it involves the quit or discharge law, please take your appeal seriously.

  • 8 Easy Tips to Prevent Unemployment Office Problems

    8 Easy Tips to Prevent Unemployment Office Problems

    In Minnesota, unemployment office problems can look or feel different to every person.

    Look, I do not want you to experience problems.  Unfortunately, problems unfold without people even knowing that it is occurring.

    I believe the best solution to an unemployment problem is identifying the issue.  If you cannot do this, then perhaps the following tips can help problems from arising.

    Tips to reduce Unemployment Office Problems

    Here is a good start to prevent unemployment office problems in Minnesota:

    1. Do not visit the workforce center and share your whole story.
    2. Try to predict how or when your employer might lie about key events.
    3. Telling the unemployment office about a medical issue is not always a good idea.
    4. Prepare for an appeal by obtaining evidence before it  occurs.
    5. Assume your unemployment will get denied.
    6. Pay attention to your online account.
    7. Read your mail every day.
    8. Take the application process seriously.
    9. [BONUS]  *** Even if it has been 2 years since you received benefits,  update your online account when or if you move to a new residence.
  • An Unemployment Weekend is Cold and Full of Stress

    An Unemployment Weekend is Cold and Full of Stress

    An unemployment weekend is stressful in Minnesota because the unemployment website is closed.

    Yes, an applicant is unable to access their account on the weekends and this causes stress.  Luckily, I believe most unemployed applicants can use this time to prepare for their appeal or hearing.

    If you are unemployed and browsing the web this weekend about unemployment issues, you are not alone.

    Thus, I encourage you to stay positive and send me a message if you see the need.

  • Top 8 Unemployment Legal Objections

    Top 8 Unemployment Legal Objections

    Unemployment legal objections can come from people who are non-lawyers.  Legal objections specific to your unemployment claim apply in two areas:

    (1) Documents submitted by DEED or the other party

    (2) Questions asked by the other party

    Unemployment Legal Objections to documents

    The following is a list of common legal objections a person can make during their hearing if they do not agree with a document:

    • Objection Relevance
    • Objection Hearsay
    • Objection Foundation

    Unemployment Legal Objections to questions

    The following is a list of common unemployment legal objections a person can make during their hearing if they do not agree with a question:

    • Objection Hearsay
    • Objection Assumes Facts
    • Objection Misinterpretation
    • Objection Misquotes
    • Objection Unclear

    When to make Unemployment Legal objections

    A person representing themselves should consider making your legal objections as soon as they believe there is an issue.  In other words, do not wait.

    What happens after you make a legal objection?

    After a person makes a legal objection, the unemployment law judge will make a ruling.  This means the judge will decide whether your objection applies and if how it impacts your case going forward.

    What if you do not make a legal objection

    If a person does not make an objection, the issue of concern likely will become unrecoverable or may not be reviewed going forward.

    Help with other Unemployment Legal objections

    Please contact this law office if you need help with determining whether an unemployment legal objection is applicable.

  • Unemployment for Independent Contractors: Flight or Flee?

    Unemployment for Independent Contractors: Flight or Flee?

    Unemployment for Independent Contractors in Minnesota is tricky. Independent contracting cases are strange because the laws in Minnesota keeps changing.  Even worse, the rules change based on a worker’s occupation.

    As you might expect, employers do not want to call you an employee because they will owe thousands of dollars in unemployment taxes and payroll taxes. One way employers try to get through this process is by conveniently calling a worker a contractor.

    The reason this issue is such a big deal is that it impacts whether a worker is eligible for unemployment benefits. So, I wanted to quickly work through a few rules to consider.

    Unemployment Rules for Independent Contractors

    The first rule is simple:  independent contractors do not get unemployment benefits in Minnesota.  For this reason, workers who are trying to seek this benefit should be arguing why they were an employee.

    MN independent contractors are governed by dozens of statutes, rules and law cases. As a result, pinpointing the right law and rule is critical.

    Which Law Applies?

    You must assume all of the laws apply and be prepared for the reasons that help your case. Generally, a worker will need to be prepared for the following issues:

    • Use of office, equipment, and materials,
    • Tax return process,
    • Contracts (verbal and written) used,
    • Expenses related to the service or work,
    • Responsibility and satisfaction of work completed,
    • Payment process (commissions, bid process, or other wage methods),
    • Profits and losses, and
    • Recurring business liabilities.

    Even more important, workers need to be prepared to combat what their employer might say too.

    Contractor Audits

    At first glance, the rules for defining a contractor are crazy, strange and all over the board.  Luckily, you can help yourself by looking for two things:

    • Is an auditor asking you questions, or
    • Are you being informed about filing an appeal?

    Unfortunately, the Work Force Center, auditors, and field agents are not necessarily on your side. Thus, prepare accordingly.

    Minnesota Laws for Independent Contractors

    Every employee and employer relationship is different.  Some people believe they are following rules and guidelines defined by the IRS.  Other employees have written contracts and some workers make verbal agreements.

    In other words, protect yourself before the situation gets more challenging.

  • Do Not Quit, Standing Together

    Do Not Quit, Standing Together

    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.

  • Hide from Unemployment or Fight Back

    Hide from Unemployment or Fight Back

    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

    If Your Employer Said No Unemployment

    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.
  • You Say Yes, Unemployment Said No, You Say Why, Hello Hello

    You Say Yes, Unemployment Said No, You Say Why, Hello Hello

    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.
  • Unemployment Rules in MN Are Not All the Same

    Unemployment Rules in MN Are Not All the Same

    Because unemployment rules are not the same as unemployment statues, I encourage applicants to know about both.

    As I have referenced in other posts, seeking eligibility is not a hopeless process.  Yes, it can be frustrating, but only for the people who do not know the rules.

    I believe every worker and employee in MN can use these rules to their advantage.

    Unemployment Rules in Minnesota

    Rules for unemployment are found here.  In my experience, people working at the workforce center have absolutely no concept how these rules work.

    Every unemployed worker in Minnesota trying to prove or show eligibility should know these rules inside and out.

    If an applicant spends time reviewing the rules, they will  ind very concrete information about:

    • Rescheduling a hearing,
    • Evidence,
    • Witnesses,
    • Subpoenas, and
    • What happens at unemployment hearing.

    Unemployment Statutes in Minnesota

    When I meet with a person, I use the term law interchangeably with unemployment rules and statutes.

    In Minnesota, an applicant can find statutes here.

    If a worker or employee reviews these rules in whole, they will find help with:

    • Definitions of commonly used terms (like employment misconduct or wages),
    • When benefits are paid, and
    • How to appeal an unemployment case.

    When do Unemployment Rules in MN apply?

    The rules for unemployment always apply.  Assuming otherwise can be a mistake.  Likewise, statutes impact every appeal too.

    Really, there is rarely a situation when both rules and statutes are not in play.

    More help with Unemployment Rules in Minnesota

    Any worker or applicant trying to conduct their own research should consider visiting a law library and utilize WestLaw.com.

    Most law libraries in Minnesota allow patrons (non lawyers) to access free legal research tools.  In my experience, an employee trying to access unemployment rules and statutes can use free resources to determine if a rule has a legal precedent.

  • Supplemental Unemployment Benefits Turn Bad

    Supplemental Unemployment Benefits Turn Bad

    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.

  • 268.095 Minnesota Law Ends Unemployment

    268.095 Minnesota Law Ends Unemployment

    Introduction to MN Statute 268.095

    268.095 Minnesota law applies to unemployment claims and appeals. Unfortunately, this unemployment law can cause lots of problems for applicants.

    Unemployment Lawyer

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    In general, the Minn. Stat. 268.095 impacts whether or not a person is eligible for benefits.

    Assuming this law pops up, every worker appealing their case should print and read this Minnesota unemployment law over and over, until they feel comfortable with their intended goal.

    Video Discussion UI MN Statute 268.095

    MN Stat. 268.095

    Three Types of Claims for 268.095

    This MN statute is divided into many subdivisions and sections.  In my experience, there are three types of claims:

    • Workers who quit their job,
    • Employees who are fired, and
    • People who believe both laws apply.

    Unemployment Quit

    For workers who know that they quit, subdivisions (1), (2) and (3) may apply.

    Unemployment Discharge

    For workers who know they were fired or discharged, subdivisions (4), (5), (6) and (6a) of Minnesota statute 268.095 may apply.

    That said, applicants must be well adverse for all three issues, just in case the issue is raised by a former employer or addressed by the unemployment law judge.

    MN Unemployment Quit Laws

    Yes, there are many ways for an employee to quit their job and acquire unemployment benefits in Minnesota.  

    Compare a “good reason” with other legal cases. If this isn’t possible, consider the following research tool: WestLaw.com.

    Termination and Discharge Laws for 268.095

    Employees accused of employment misconduct are different and utilize a different section of the law.

    The term employment misconduct in Minnesota is going to be fact specific.  In other words, I believe nearly every case is different because it will involve:

    • A different manager or supervisor or boss,
    • A different customer,
    • A job specific policy or procedure, and
    • Utilize a job history generally specific to each worker.

    Like I mentioned above, utilizing research tools mentioned above may help clarify your situation or goals.

    Employment Misconduct and MN Statute 268.095

    Employment misconduct is another significant element of this section of Minnesota law.

    In general, there are a handful of arguments that employers utilize. This includes intentional acts, duties, and indifferent conduct.

    Luckily, there are far more opportunities for a worker or employee. That said, the first issue is always determining how a job ended and for what reasons.

    Changes to MN Statute 268.095

    Over the years, Minnesota statute 268.095 has changed many times.  In fact, this law office estimates this specific rule or law has changed more than sixty (60) different times since its original enactment in  the year 1927.

    Because this rule has changed so frequently, a situation involving another family member or friend is not necessarily helpful.

    Other Impacts to Minnesota Statute 268.095

    The biggest factors when trying to win a case where this law applies is applying a strong legal precedent.

    Legal precedent is the hundreds and thousands of cases that provide examples of what is considered a good reason to quit or employment misconduct.