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 Penalties Can Bite Back

    Unemployment Penalties Can Bite Back

    Unemployment penalties are getting out of hand in Minnesota.  Even worse, unemployment laws in Minnesota are getting worse.

    Applicants scratching their head as a result of a sanction or penalty assigned to their overpayment can consider appealing.

    For those unfamiliar, let me explain.  Under various statutes, including MN law  268.182, an unemployment law judge can attach a penalty to a claim, even if benefits were incorrectly paid.  This includes administrative and criminal penalties.

    Unemployment Penalties:  Why There Are Problems

    I believe there are four main reasons why penalties get assigned to an unemployment appeal:

    • A poorly worded application for benefits,
    • An applicant didn’t understand what they were trying to accomplish during their hearing,
    • The folks denying unemployment claims don’t understand the issues, and
    • Minnesota has a huge overpayment problem.

    In my experience, these are the main reasons Applicants see unemployment penalties associated with their claim.

    Appeal Unemployment Penalties

    Yes, there are many factors that applicants can use when trying to decide whether they should appeal a period of ineligibility or monetary penalty.  One of the first big issues of concern is timing.

    Second is showing why an Applicant was right.  I very much wish this type of conflict could be resolved by following a list of steps.  But, every situation is different.

    To be fair, I think every appeal should be reviewed with care.  Here is why:  every employee / worker encounters their own specific situation and facts.  Minus a mass layoff,  most employees do not share the same boss, employment policies or story how the job ended.

    As a result, I think every person should have their personal situation checked out.

    Evidence for an Unemployment Penalty

    Evidence is a tricky thing because in my experience, problems arise because an Applicant is unprepared what to say and why they are saying it.  In other words, verbal evidence can be critically important.

    When time allows, other types of evidence includes:

    • Documents (from a worker’s employment file) and
    • Witnesses.

    When one isn’t available or the employer is making life difficult, seeking a subpoena can be a strong response to what seems like a  900 pound gorilla.

  • Translate Unemployment and a Different Language

    Translate Unemployment and a Different Language

    Applicants that speak and read a different language should always ask the unemployment office in Minnesota for a translator.

    Whether applicants are asking simple questions by phone, appealing benefits or filling out questionnaires, the same rule applies.  Ask for a translator.

    Different Language is Obscure?

    Different dialects?  Different tribes or regions?  Be specific.  I believe people should make the unemployment office adapt to their specific language or needs versus an applicant adapting to DEED’s availability.

    Translator Requests

    In my experience, requesting a translator or translation should always be in writing because Applicants need to generate a paper trail.  A paper trail showing a need or request for help is a great way to show support for due process.

    Translator gets Denied

    Generally, translating services through Minnesota’s unemployment office are free.

    On the other hand, asking a second person (like a family member or through a paid service) is an excellent strategy when applicants are unsure of the translator hired by the court.

  • Teenagers are Employees Too

    Teenagers are Employees Too

    n Minnesota, teenagers are employees too.  As our local youth look for summer jobs, sometimes employers illegally classify younger workers or make false stereotypes.

    Believe it or not, teenagers (children) are more protected and have more legal rights than adults.

    In fact, Minnesota devoted Chapter 181A to protect children workers.  Likewise, there are federal rules that protect teenage workers too.

    Teenagers Looking for Summer Jobs

    For the teenagers looking for a summer job, I encourage you to consider:

    • Applying for a job in-person,
    • Practice interview questions,
    • Keep calling “them” to see if an opportunity has opened up,
    • Job openings change on a weekly basis,
    • Dress semi-casual for your interview,
    • Put your phone away during the interview,
    • Consider knowing and applying the Fish Philosophy, and
    • Stand-Up for yourself.
  • Growing Problems with Unemployment for Farmers

    Growing Problems with Unemployment for Farmers

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

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

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

    Unemployment for Farmers is Hard Stuff

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

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

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

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

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

    Laws for Unemployment and Agriculture

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

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

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

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

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

    Farmer Workers Who Do Not Understand Unemployment Benefits

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

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

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

    Unemployment for Farmers

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

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

  • Did Ransomware for Unemployment Just Get Real?

    Did Ransomware for Unemployment Just Get Real?

    Ransomware for unemployment benefits sounds crazy, but lets assume the threats of computer viruses and ransomware this week are real.

    Rhetorically speaking, what if benefits are impacted by a malware program?  Even worse, what if we cannot file an appeal or request benefits?  Lets develop a contingency plan supported by law.

    Will Ransomware for Unemployment impact a Request?

    As unlikely as it might be,  I believe knowing there are different methods of requesting benefits can offer relief.  A computer is not the only source for a weekly benefit request.

    Did you know Minnesota supports a request by phone?

    I encourage everybody to have this unemployment link printed out and on standby.  Assuming applicants are prepared, I do not think ransomware will impact the request process for weekly UI benefits.

    Ransomware for Unemployment Impacts Appeals

    Somebody out there has already thought about using ransomware as a reason why they didn’t file an appeal properly.  Otherwise, I am the only one.  Although this defense probably won’t work, consider this.

    Minnesota’s unemployment appeal process supports filing an appeal using other methods in addition to a computer.  For confirmation, check out unemployment law 268.103, which outlines different methods for applicants to file appeals.

    Unfortunately, the directions offered by the Work Force Center contradict the statute.  If you read my take on the Work Force Center, then perhaps you already knew my position on their website.

    Anyways, the point I am trying to make is this:  an appeal for benefits is unlikely going to be impacted by ransomware for unemployment because of the Minnesota law referenced above.  But, following the requirements within the statute are going to become critically important.

    Ransomware Final Point

    Nearly everybody seeking benefits is looking for work or jobs using a computer.  Incase your computer falls apart down the road, consider this outline to hedge against computer glitches.  And, be careful with your e-mail!  

    Despite these new stresses, I wish you the very best during your appeal process.

  • Time is Up and Still No Response

    Time is Up and Still No Response

    Getting no response from the unemployment law judge is as frustrating as it gets.

    First, appeals are stressful.  Second, the benefit is desperately needed.

    The applicable rule for timeliness is Minn. Stat. 268.105.  But, lets put the rules aside and simplify things.

    Untrue Rumors about No Response

    • No, a judge missing a deadline has little impact on the success of a claim.
    • No, a judge missing a deadline does not mean applicants obtain a default victory. On the other hand, if an applicant misses a deadline, it can have a detrimental impact.
    • No, asking for feedback on when a decision will be made does not turn a good case into a bad case.

    What to Do when you get No Response from the Judge

    There are a number of ways to solicit a response.  This includes:

    • Calling the Appeal Hotline
    • Asking a State Representative to contact DEED
    • Filing documents with a Court, and
    • Sending a letter by mail asking for feedback on a decision date.

    For cases still in the phone appeal or reconsideration process, sending a letter to the Chief Unemployment Law Judge and the Commissioner of DEED can move mountains!

    How Long does it Take?

    If you start asking friends, you will drive yourself crazy.  Really, it depends on the week and month.  In my experience, I have seen decisions rendered in days.  Other times, I have seen cases get lost for months.

    Over the last few years, I have seen a more efficient process and I am hopeful most folks will see a decision within a few weeks.  In fact, sometimes my Clients receive a lump sum benefit payment before they see something in writing.

    Again, as stressful as this process can be, patience is key.

    On the other hand, applicants should absolutely knock on doors, make phone calls and send letters to assure their case is still moving forward.

    Finally, stay positive.

  • Traveling While Unemployed Sounded Like Fun

    Traveling While Unemployed Sounded Like Fun

    Traveling while unemployed becomes a bigger issue than it already is an when applicants in Minnesota get audited.

    Now that spring break has come and gone, I am getting phone calls from MN applicants looking for advisement on the availability statute.

    For those skipping spring break and moving directly into cabin season, remaining eligible for benefits in Minnesota can become cumbersome.

    Traveling While Unemployed

    Every successful case starts with detail.  Unfortunately, most applicants trying to prove eligibility fail to take their audit seriously and incorrectly consider other eligibility rules.

    Luckily, you are different.

  • Unemployment Stuck is a Messy Process

    Unemployment Stuck is a Messy Process

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

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

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

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

  • Do You Know the First rule for Unemployment?

    Do You Know the First rule for Unemployment?

    The first rule for unemployment benefits in Minnesota is record keeping.  Wait, you don’t expect an appeal or denial for benefits, right?  Whether this is accurate or not, nobody can stop an audit or appeal made by an employer.

    Thus, the first rule specific to eligibility for benefits in MN is the opportunity to create your own record for the discovery stage of an unemployment appeal.

    Record Keeping 101: First Unemployment Rule

    In my experience, there are two places an applicant can find records important to their claim or audit:

    • At work
    • At home.

    Sometimes, getting evidence from work is difficult (but not impossible).  For this reason, I love the idea of creating a log at home which includes:

    • Fresh notes from the events that led to a discharge,
    • Hours spent looking for a new job,
    • Jobs and careers that were pursued.

    Records at Work

    Sometimes, folks will contact me needing help with an employer who lies.  Other times, applicants seeking benefits in Minnesota need help tracking down an important e-mail or personal improvement plan.

    Luckily, Applicants can use the rules for a subpoena to their advantage.  Other times, Minnesota’s statutes on employment records and one’s right to obtain such records are even more significant support during the unemployment process.

    Records at Home:  Fresh Notes

    I know most people think they will never forget the events that led to their job ending.  However, my experience suggests otherwise.  It is very natural for details to fall to the wayside.

    As a result, take 15 minutes and type-up details like time of day, co-workers and their job title and or what you were working on at the time of the event.

    Records at Home:  Hours Spent Looking for a Job

    Ten years ago, it might have taken 10-15 hours of cold calling just to find a reasonable opportunity.  Now, we can set up instant notifications at nearly every job board and announcement on social media.  (By the way, did you check out the social media links and follow my feeds?)  If not, please check them out.

    Anyways, my point is this:  keep track of your records.  Efficiency is not a curse.  But, tending to your garden wile your phone is in your pocket likely is not a job search activity.

    Thus, keep your eye on the prize.

    Records at Home:  Job Applications and Resumes

    It is easy to log and track jobs sought because we can keep copies of resumes very easily.  Between screen grabs and the snipping tool on your computer, every online job submission should be easily obtainable.

    Not to mention, you are going to need this information as you follow-up with a phone call, e-mail, etc.  No, this is not a lost art and I think it is very important for applicants focused on a new job.

    First Rule for Unemployment in Minnesota

    I know the information identified above seems trivial.  As an unemployment lawyer, I see way to many appeals that might have been more successful had applicants kept better records.

    Of course, I believe there are other ways too improve a case, when applicants have problems with their claim.  Nonetheless, stay positive and I look forward to meeting with you if you see the need.

  • I Know the Path you should Take

    I Know the Path you should Take

    Which path is right for an appeal?  This process can be confusing and overwhelming.

    While you conduct research,  please drop me a line and give me an opportunity to review the pros and cons of your appeal.

    I wish you the very best.

  • Minnesota’s Rule on Informal Brief for Unemployment

    Minnesota’s Rule on Informal Brief for Unemployment

    An informal brief for unemployment is stressful because most times, it is the first time a person has ever written an informal brief. But,

    Personally, I have written and advised countless applicants in Minnesota, on this very issue.

    Thus, please allow me an opportunity to clear the air.

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    Informal Brief for Unemployment – Most Important Piece

    In my opinion, the rules for an informal brief are second to the legal issues.  A legal issue is a topic or question reviewed by the Court.

    In many cases, if an applicant in Minnesota does not ask or present an issue, it might not get answered or reviewed.  As a result, making a list of questions is critical.  

    Then, I like the idea of adding or including these questions within a brief.  Public matters aside, this is a critical part of an informal brief for unemployment benefits.

    Informal Brief for Unemployment – One of My Jobs

    One of my jobs when I advise applicants is helping them identify the issues or questions that need to be presented.  Here are a few examples:

    The issue is whether the applicant quit or was discharged for employment misconduct”

    or

    The issue is whether the unemployment law judge made an error of law”

    Of course, there are an infinite number of issues that can be raised.  Selecting or identifying the most important issues will help an applicant in Minnesota appealing their claim have the greatest level of success.

    What is Not an Issue for an Informal Brief?

    In my experience, a lot of people appealing their benefits make the mistake of focusing on non-legal issues, like facts.  Now, I am not talking about evidentiary issues.  Instead, I am talking about whether an event was portrayed as a fact.  Here are a few examples:

    The issue is whether I was late to work”

    or

    The issue is whether I talked to my manager”

    These are not issues generally reviewed by Minnesota’s Court of Appeals.  Of course, there are exceptions and every case is different.  In other words, please consider contacting me directly, because I think my experience can be a game changer.

    Otherwise, here are additional free resources to check out.

  • Why thinking like an Unemployment Loser will help you Win

    Why thinking like an Unemployment Loser will help you Win

    Being an unemployment loser is painful.  I believe every worker deserves who quits or gets discharged deserves unemployment benefits.

    Even more, I believe approaching an appeal requires diligence and preparing for a victory.

    On the other hand, here is why I like the idea of thinking as a loser to help applicants be more successful.

    Unemployment loser with your application

    The first step in losing a claim is filling out an application for benefits as if you have no idea what the law is.  Every successful applicant should respond to their unemployment application as if Minnesota wants to prevent them from collecting benefits.

    There are two parties who want you to go away:

    • Your former employer, and
    • Minnesota.

    Okay, perhaps I am being a little drastic with Minnesota’s unemployment process.  However, let us not forget that THEY are the administer of benefits and have the power to prevent or stop future payments.

    For this reason, I encourage all applicants to know and understand rule 268.095 before filling out their application.

    Unemployment loser during your appeal hearing

    The second step in losing a claim for unemployment benefits is assuming an appeal is not in the cards.   In fact, earlier this week, a person told me they could not believe their approval for benefits turned into a denial of benefits.

    Here is why:  your former employer has a vested interest in whether you are successful.  Even if Minnesota approves your benefits and an applicant receives a letter stating they are eligible, a former employer has the right to file an appeal.

    Yes, an appeal hearing can be scary.  Phone hearings are scary because most applicants have never experienced:

    • Talking to a judge,
    • Being asked questions by their former employer, or
    • Making references to evidence in support of their rights.

    Regardless of a person’s level of experience, knowing the rules can greatly improve your process and mindset from an unemployment loser to an unemployment winner.

    You are not an unemployment loser

    I agree, using the term “unemployment loser” is very negative and I encourage every person seeking benefits to approach their application and appeal with purpose.

    On the other hand, I also encourage applicants, former employees or workers to approach their benefit process as if others are waiting for them to make a mistake.

    In other words, know why a question is being asked and try to familiarize yourself such that your responses are strong and supported by Minnesota unemployment laws.

    Reduce stress and anxiety

    Unemployment is stressful.  Please contact me, and we can discuss ways to improve your claim for benefits.