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.

  • Legal Research for Minnesota Unemployment Cases

    Legal Research for Minnesota Unemployment Cases

    Conducting legal research on unemployment cases in Minnesota is as easy as viewing case archives using this database.

    On the other hand,  I think a stronger position is asking for help.

  • Picking the Wrong UI Identification Number

    Picking the Wrong UI Identification Number

    UI identification numbers are a big deal when a person appeals their case.  In my experience, there are three reasons why people fail with this issue:

    • They use the wrong id number,
    • People confuse the document number with the issue number, and
    • Applicants don’t realize they have more than one number for their case.

    Thus, lets explore these problem areas one by one.

    UI Identification Number:  The Wrong Number

    Anybody who has received more than one letter from the unemployment office on any given day can confuse their case number with something else.  For one, the number is random.  Second, very few people have experience with a claim for benefits.

    Luckily, we can set the record straight by accessing the on-line account.  Upon doing so and clicking around a bit, eventually a person will find a long number that looks like a social security number, but isn’t.  Generally, this is what is called an issue identification number.

    Now, the confusing part comes when applicants confuse a  “document id number” on a letter they received with the actual issue number for their unemployment account.

    ** Do not confuse the document number with an issue id number **

    UI identification Number:  More than One Number

    Here is another problem I see:  applicants seeking benefits sometimes think they have one claim with one number.  Unfortunately, this isn’t always the case.

    The way I look at it is this:  every time the unemployment office has a question about a person’s case, they will assign an identification number.

    Sometimes, questions can appear related.  For example, fraud and an overpayment issue.  Or, an earnings issue with a discharge issue.  Always look for more than one issue ID number.

    Here is another surprise.  Applicants can have dozens of issue identification numbers assigned to their benefit account.  In this situation, managing records is even more critical.

    So far so good, right?  Just wait to see what I fear the most.

    UI Identification Number:  One of My Biggest Fears

    My biggest fear for Applicants is the failure to appeal one or all of their unemployment issue identification numbers.

    I have advised far to many people who have made errors in their appeal filing.  For this reason, please be cautious and prudent.

    Therefore, do not confuse the document number with an issue id number.

  • Did you Keep Unemployment Records from your Appeal?

    Did you Keep Unemployment Records from your Appeal?

    Nobody wants to keep unemployment records.  In fact, nobody wants to be unemployed.  Minnesota unemployment laws change on a yearly basis.

    As a result, I like the idea of keeping records for 10 years.

    Which Records should we Keep?

    All of them.  This includes but is not limited to:

    • Papers documenting a job loss
    • Copies of an initial application
    • Personal notes outlining when a person may have contacted the unemployment office
    • Any exhibit attached to an appeal
    • A formal decision rendered by an unemployment law judge

    Why Keep Unemployment Records?

    Anybody receiving unemployment benefits is prone to an audit.  Even worse, everybody is vulnerable to a fraud allegation. Because unemployment fraud is a big problem in Minnesota, all applicants are at risk of being accused of something they did not engage.

    Look, I wish this wasn’t true.  As we can see, Minnesota had a 10.377% overpayment rate for the 3rd quarter in 2016.  From my estimate, Minnesota’s unemployment office believes 1 out of 10 applicants acquired benefits incorrectly.

    Thus, keep unemployment records just in case.

    No Harm in Keeping Unemployment Records

    Keeping paper documents is easy.  You place them in a folder and attach the folder to yearly tax records.  Otherwise, scanning documents makes the process of keeping records even more accessible.

    Because the burden is small, there isn’t any harm in keeping records.

    Lots of Harm for no records

    On the other hand, if a person doesn’t have key documents to support their claim, damages may include:

    Therefore, I am in favor of keeping records for at least 10 years.  Maybe even longer as the process to collect electronic information becomes easier and easier.

    I wish you the very best.

  • 10 Fast Overpayment Options for your Unemployment Claim

    10 Fast Overpayment Options for your Unemployment Claim

    Yes, people have unemployment overpayment options.  I know this is a very stressful issue.

    Because  many people with claims from  Minnesotan are given horrible feedback,  lets quickly identify potential responses.


    Unemployment Lawyer

    Unemployment Help


    Easy Overpayment Options

    • Appeal the overpayment and fight like mad
    • Show the unemployment office why their overpayment claim is a mistake
    • Seek a reduced repayment plan
    • Use current benefits to repay past due amounts
    • Acquire a loan from a bank and apply it to an overpayment [in most cases, this is a bad idea]

    Hard Overpayment Options

    • Show the unemployment office why their overpayment claim is a mistake
    • Wait for a garnishment (taxes or wages) and hope that helps
    • Acquire a loan from a bank and apply it to an overpayment
    • Consider bankruptcy
    • Do nothing and live in fear

    Other Overpayment Options

    Unfortunately, these types of unemployment problems are getting worse. Even so, there are a couple of stronger responses that I classify as significant unemployment overpayment options, but these are going to apply on a case-by-case basis.

  • Why Getting Unemployment Mail is Worse than Junk Mail

    Why Getting Unemployment Mail is Worse than Junk Mail

    Unemployment mail from the office in Minnesota is horrible.  First, it never shows up.  Second, it often gets lost.  Third, their letters can sometimes bring bad news.

    Now, imagine getting a letter in 6-8 years telling you that the once lost letter has reappeared.  For this group of people, this can feel worse than falling of a bike.

    Because I field a number of phone calls inquiring about their rights, I wanted to offer a public service announcement about unemployment mail:  open it.

    Unemployment Mail:  What does it look like?

    Whether your letters are small, large, thin or thick, most communications from Minnesota’s unemployment office comes in two forms:

    • White envelopes with big red letters
    • Large yellow envelopes.

    Regardless of the letter’s color, open it.

    Unemployment Mail:  Why am I getting duplicates?

    A common complaint I receive comes from folks suggesting they received the same letter on more than one occasion or their questionnaire was duplicated.

    In my experience, a duplicate letter often means a person has more than one unemployment issue assigned to their claim.  Even though the claim might stem from the same job, each claim should be approached as a different problem.

    For those wondering whether they have more than one claim, I encourage folks to log into their account and look for long numbers under the “determination and issues” tab.  What might look like a serial number or a number that doesn’t look important is actually a significant clue in reducing confusion.

    Thus, do not let duplication prevent you from opening it.

    Unemployment Mail:  If I don’t open it, then I never received it

    If this was the case, then none of us would be on the hook for our bills.  Just because a person doesn’t open their mail sent by Minnesota’s unemployment office, doesn’t mean it was never sent.

    Thus, open it.

    Unemployment Mail:  I really didn’t get their letter

    Yes, I see this problem too, which means  it definitely happens.  For those who truly never received a letter, I believe seeking due process or demanding proper notice from the unemployment office is necessary.

    Improper notice is a breach of our constitutional rights.

    Thus, a person cannot open what you never received.

    Unemployment Mail:  What do I do with it?

    Like many others, reducing clutter often starts with a stack of mail.  Regardless, we live in a world that almost demands proving our every step.  Personally, I love the idea of keeping copies of every letter sent by the unemployment office.

    Really, this is easier than it sounds.  I encourage folks to keep their notices and communications in the same spot they might keep tax forms.  For those that do not keep their taxes or unemployment mail, today is the day you are going to start, right?

  • Why the Unemployment Office Slow in Responding to my Appeal?

    Why the Unemployment Office Slow in Responding to my Appeal?

    Unemployment office slow is going to take on a new meaning after you read about this.  If you call Minnesota’s unemployment office directly, they will tell you otherwise, but my opinion still stands.

    Unfortunately, slow can turn into lost.  Thus, I wanted to address why or how a person can help their slow or lost appeal.

    Unemployment Office Slow:  Their Deadlines

    Yes, every element of the appeal process has deadlines.  From an applicant’s perspective, deadlines are strictly enforced.  From the perspective of DEED, deadlines waiver.  But, let’s be very real:  I would rather see the process move along slow with the right decision versus a fast response with the wrong decision.

    Thus, have faith that they will get it right.

    Unemployment Office Slow:  My Experiences

    In my experience, I have seen the unemployment office blow right past the deadlines outlined under rule 268.105.  In my early years, I recall waiting for one case nearly three months longer than it should have taken.

    Now, I think the best strategy is to follow-up with the assigned judge and unemployment appeal’s office the second something doesn’t look right.

    Unemployment Office Slow:  What to Do?

    In my experience, the type of appeal a person is experiencing will dictate how to proceed.

    That said, the type of appeal most often impacted by a slow response or lost response is a Request for Reconsideration.  I suggest doing two (2) things to combat a slow or lost reconsideration:

    • Contact the unemployment appeal hotline and confirm they received the filing, and
    • Send a letter to the Unemployment Law Judge assigned to the case and ask for confirmation that a decision is forthcoming.

    Unemployment Office Slow:  Don’t Do This

    I know you need this benefit and bills cannot wait.  Please, stay the course and do not give up.   This means keep requesting benefits (assuming you meet the conditions).

    Did I mention not giving up

  • Can Poor Mouthing Help you Win your Appeal for Benefits?

    Can Poor Mouthing Help you Win your Appeal for Benefits?

    Poor mouthing is the act of telling the judge or jury how poor you are or are going to be if you do not win an appeal for benefits.

    As difficult as your situation might be, poor mouthing is never the first argument made.  Here is why.

    Where did Poor Mouthing Come From?

    In my practice,  hundreds of my Clients have tried to convince me that this was their primary strategy.  Recently, this strategy was  identified as an issue in the Jesse Ventura defamation case.

    Very likely, poor mouthing , goes all the way back to the first moment a tax collector tried to impose their will on the a deprived circumstance.

    Regardless, this strategy has been used before.

    Poor Mouthing on an Appeal

    Nothing crushes me more than hearing people describe their firsthand experiences about stress and anxiety over the need of obtaining their benefits.  Personally, I find relief helping a person understand what will help them win their appeal versus the strategy they are trying to convince me of.

    I know it is painful.  I know garnishments hurt and the situation can feels impossible, which is why I am trying to bring this issue to everybody’s attention.

    Focusing on an economic hardship risks taking the claim or appeal down a path that might require focusing on the legal issues that might help win the case.  Unless a person knows the issue(s) and the applicable rules, they are destined for failure.

    Poor Mouthing – Is it ever a good idea?

    Now, here is the crazy thing.  Yes, I believe poor mouthing during an appeal offers value and puts into context the impact a decision will have on another person.  But, it has to be done at the perfect time.

    In my experience, it has to done in a way that is helpful.  For example, while objecting to or pleading for an evidentiary issue.  In other words, it goes something like this:

    Your Honor, if you do not let this evidence in, it has the potential of causing an economic hardship”.  

    Other times, the idea of injecting an economic burden into a letter directed at the opposing party or used during a closing argument can grab the adversary’s attention.

    I desperately need you to see the facts I am identifying because they will impact whether or not my family can stay in our home”.  

    Of course, this cannot be done willy-nilly or without a grain of truth.

    As a result, I encourage everybody to  pick their spots wisely and focus most if not all of their attention on the root of their appeal.

  • Being Unemployed with Children is not the End

    Being Unemployed with Children is not the End

    Being unemployed with children is hard because you are allowing yourself to think about the worst possible scenarios.  Whether you are wealthy or poor, people are the same.  We want the very best for our children.

    I believe your situation is fixable and it starts right now.  So you know, unemployment benefits are not a handout.  Instead, it is an insurance product that your tax dollars funded.  Do not be afraid of the word “unemployed”.  If you lived in another country, likely you would have purchased job loss insurance.  In Minnesota, we have a different process to reduce stress as people look for new opportunities.

    Thus, allow me a brief opportunity to share a handful of thoughts.  If you see a need,  keep coming back for assurance.

    Unemployed with Children:  Game Plan 101

    If you are unemployed with children, here are a handful of handful reminders:

    • Jobs are in demand and you can find one too.
    • As soon as you apply for a job, you give yourself hope that a phone call is right around the corner.
    • Finding a job is hard work, but you can do it.
    • Caring for smaller children will not impact your job search process.
    • Caring for older children will not impact your job search process.
    • Caring for a spouse or homebound person will not impact your job search process.
    • Yes, your cell phone is going to be your best friend while you search for jobs (don’t forget knocking on doors and using Twitter).
    • What you are trying to accomplish has been done by other people.
    • Knowing the rules will make your unemployment appeal process much easier to confront.
    • If you are denied benefits, engage the appeal process with a purpose.
    • Being denied does not mean you will lose an appeal.
    • Keep asking questions.
    • When required, do not be afraid of food support and subsidized health benefits.
    • Unconditional love is very powerful.
    • This process is temporary.

  • Save Unemployment by Doing 3 Things

    Save Unemployment by Doing 3 Things

    To save unemployment means winning an appeal.  You cannot save benefits without having them first.

    Thus, here are 3 quick things most applicants forget or simply are not aware of when seeking benefits.

    Save Unemployment by Requesting a copy of your File

    It always surprises me when Applicants contact me by phone and they have never thought about requesting or acquiring a copy of their employment file.

    In Minnesota, every worker and unemployed person considering an appeal for unemployment can use rule 181.961 to their advantage.

    The goal of seeking or requesting a copy of an employment file to save unemployment is to find documents that support your claim for benefits.  This might include:

    Employers know what is inside the file.  Most Applicants do not.  Thus, a worker can save unemployment by requesting a copy of their employment file.

    Save Unemployment by asking for the Truthful Reason of your discharge

    Even if you already believe you know the answer, the second thing a worker or unemployed person can do to save their unemployment case is seeking the truthful reason why their job ended.

    The rule that supports this process is identified under Minnesota statute 181.933.

    I believe this is important because sometimes workers can use their employer’s inconsistent statements to their advantage.  For example, lets say your boss said you were being fired because they were eliminating your position and you find out the real reason they fired you was because you missed a deadline or they thought you stirred the pot to much.  Unfortunately, hearing your employer’s feedback for the first time during an unemployment hearing can have a detrimental impact.

    Again, even if you already know the answer, I believe every applicant seeking unemployment benefits can use rule 181.933 to their advantage too.

    Save Unemployment by using Words from Minnesota Statute 268.095

    Because the unemployment law judge will very likely use this rule to deny or grant benefits,  I believe workers trying to seek or appeal benefits should always try to incorporate words or phrases from Minnesota statute 268.095.

    Unfortunately, this is easier said than done.  For this reason, I believe practicing out loud or in front of a mirror can be extremely beneficial to an applicant trying to win their unemployment case.

    Final Thoughts

    The most important evidence in any unemployment case are the words that come out of your mouth.  Please take time to understand and outline your process.

  • Unemployment Laws in MN Everybody Forgets

    Unemployment Laws in MN Everybody Forgets

    Unemployment laws are not something people set out to read for fun.  In fact, I would guess most people have never read the statutes that impact most appeals in Minnesota.

    That said, why would you?  In all seriousness, appealing benefits in MN is an unusual process.  Minus seasonal workers, most folks ever imagine being confronted with unemployment let alone an appeal.

    Thus, I am going to use this brief opportunity to identify a handful of unemployment laws in Minnesota that a lot of my Clients forgot about before I advised them otherwise.

    Unemployment Laws:  Where Are They?

    The first thing everybody needs to know is ignorance of the law is rarely a good strategy to win an appeal.  As you can see for yourself, the one person who can get away with not knowing the rules are cops.

    If your job is not related to law enforcement, then perhaps the next step is finding and reviewing Chapter 268.

    Unemployment Laws:  Rules of Importance

    I agree, reading unemployment statutes can be a daunting task.  As a result, I encourage starting with:

    If the task of knowing where to begin is daunting, I like the idea of taking a deep breath.  Nearly everybody I meet with feels this same stress.  In my experience, employees can overcome unemployment stress by pinpointing the laws that apply to their specific situation.

    Unemployment Laws:  Bad News

    Unfortunately, there is a little bit of bad news that needs to be identified as well: unemployment rules in Minnesota are further defined by cases.

    In other words, the muddiness of the law often get appealed by people who believe they are in the right.  Luckily, all of us can use these cases to our advantage to help diagnosis the likelihood of being successful.

    Unemployment Laws:  Good News

    The good news is everybody gets an opportunity to show why they are right.  In case you are new to the legal process of unemployment benefits, cases get reviewed by people called judges.

    Hopefully and with specific planning, applicants can use unemployment laws to their advantage.

  • Do not forget Unemployment Taxes on your Tax Return

    Do not forget Unemployment Taxes on your Tax Return

    Unemployment taxes are real.  Every person who received unemployment benefits from Minnesota is encouraged to address this issue with their tax preparer.

    Unemployment Taxes Tip #1

    Even more significantly, seek advisement from a tax professional on whether job search expenses (internet, phone, resume  paper, business cards, etc.) can be itemized or deducted from a tax return.

    Unemployment Tax Tip #2

    Within an online unemployment account, applicants can download their weekly benefits and review whether they had taxes deducted.  Likely, this information will be helpful while filing out a tax return.

    Unemployment Tax Tip #3

    People who received unemployment benefits should expect receiving form 1099.  For those looking to conduct their own research, here is a credible site.

    Closing Thoughts

    As many applicants seeking benefits in MN quickly conclude, the unemployment process is stressful.  Combat this stress by doing homework.

    Whether an applicant is new to the unemployment process or their job requires seasonal requests, being diligent is critical.

  • New to Unemployment: What I Tell the Unemployed

    New to Unemployment: What I Tell the Unemployed

    New to unemployment?  First, welcome.  Second, let’s have faith your unemployment stint is short-lived.  On the other hand, lets also assume the job search process takes six months or more.

    Did you know Minnesota’s unemployment office might be able to audit accounts under MN statute 268.186 for an infinite period of time?  Scary, right?

    For this reason, I tell anybody who is unemployed to engage MN unemployment benefits like they approach their taxes: keep hard copies of everything.

    New to Unemployment:  Records start Immediately

    Anybody applying for unemployment benefits will be asked to fill out a questionnaire.  I wish more of my Clients printed and kept copies of their application.

    Any person new to unemployment is encouraged to keep their application and or any written inquiries proposed by DEED down the road.

    New to Unemployment:  Quitting and Discharges

    Most people requesting unemployment benefits do not have jobs.  Even so, keeping records from the last job is significantly important.  Why?  Because in six months, most applicants confronted with an appeal often forget important details.

    The records I like seeking include:

    • Copies of employment files,
    • Truthful reason an employer ended a job, and
    • Writing down notes from an event for future reference.

    New to Unemployment:  Job Searches

    Another element to quality records in the long run include documentation of a person’s job search.  Personally, this can include just about anything:

    • Filling out applications,
    • Updating resumes,
    • Traveling around town looking for jobs,
    • Reading twitter for new job postings,
    • Talking with recruiters,
    • Updating online profiles,
    • Knocking on doors, and
    • Anything else you interpret as looking for a job.

    Generally, logging activities and time can be a life saver.  Most applicants I meet with do not have this.  Luckily, you can start documenting three minutes after you finish reading this post.

    Again, I am not identifying this as a burden, but a way to hedge risk.  The goal is to reduce problems in case of an audit.

    New to Unemployment:  Part-Time Jobs

    For the handful of workers, people or employees who accept  a part-time job get into trouble too.  For this reason, I like the idea of keeping a personal calendar of one’s shifts.

    For example, if a worker finds a part-time job at a restaurant, keeping a calendar for days and hours worked can again be a blessing in disguise.

    For those working the third shift, identify your both your starting time and ending time just incase things get crazy down the road.