Which State do I file for Unemployment?

If you are asking “Which State do I file for unemployment benefits?”, then you likely fall into any of the following categories:

(i) You live in a different State than the State you worked in, and or

(ii) Your job required you to work in more than one State.  

Here is what you need to know immediately:  as soon as you file for unemployment benefits in any State other than Minnesota, you are automatically ineligible for benefits in Minnesota.  For verification of this rule, please see Minnesota Statute 268.085.  Of course, there are exceptions to this rule and the exception is just that – an exception to what normally occurs.

At first glance, perhaps you were told or encouraged to file for unemployment benefits in the State that paid more money.  On the other hand, maybe you were sent on a wild goose chases and the first place you called pointed you in the direction of confusion.  Luckily, Minnesota has a rule on reviewing Which State Do I file for Unemployment, which can be seen under Minnesota Statute 268.131.

It is the opinion of this law office that a person or Applicant should first consider the location of their employer.  In other words, when asking “Which State Do I File for Unemployment,” begin with the location of the building you physically work in.  Likely, if your job was located exclusively in one State and you lived in another State, the State where you worked is going to control.  Even if you had more than an occasional meeting in a different State – start with the location of the actual building you reported to on a regular basis.

On the other hand, if you worked in more than one State and your job required you to move around, scrutinize the work itself.  Next, review whether your employer allows you to return home during your off times or whether the employer puts you up in a hotel as you rotate job sites.  For situations like this, the answer to “Which State Do I File for Unemployment” requires a deeper review of your job, the employer, and whether or not Minnesota has reciprocal agreements in the various States you performed work in.

In summary, if you are asking Which State do I file for unemployment and Minnesota is one of your considerations, note the rule regarding ineligibility may prevent you from receive unemployment benefits.  As a result, consider having your case reviewed by an unemployment lawyer first versus applying in more than one State while secretly having your fingers crossed that everything will unfold as it may.