Minnesota Unemployment Laws

Minnesota Unemployment laws are everywhere and they don’t seem to end. Of course, there are statutes. There are case laws. There are rules, guidelines, and everything in-between. What you can’t find within the law is firsthand experience.

If you are looking for the perfect rule or the exact law for your situation, consider starting with the facts. Then, start issue spotting.

Where Can You Find UI Rules?

Minnesota unemployment laws are provided under Minnesota Chapter 268 and Minnesota Rules 3300-4370.  Even more importantly, these statutes and rules are re-defined through a process called a legal precedent.

Again, experience matters. Turning to your neighbor, co-worker, friend, or spouse is not.

Court Cases with Minnesota Laws

A legal precedent means a Court of Law reviewed or applied a rule based on a specific fact pattern.  In theory, when a specific fact pattern is duplicated, a legal precedent suggests that a decision should be decided like it has in the past.  Thus, Minnesota unemployment rules are re-defined through a legal precedent.

Regardless whether you are an Applicant or an Employer, these rules have an impact on Minnesota unemployment and the process as a whole.

Which Courts Review Unemployment Cases?

Generally, any court having jurisdiction can review a case and apply the law. This includes the Minnesota Court of Appeals and the Minnesota Supreme Court. On the other hand, most District Courts and Administrative Courts (like worker compensation) do not have jurisdiction. Instead, we turn to the administrative process managed by DEED.

Because unemployment claims are reviewed by an Unemployment Law Judge, Minnesota’ s District Courts rarely reviews claims for eligibility.

Are Minnesota Unemployment Laws Complicated?

Yes, Minnesota unemployment laws are complicated because rules cross apply from three areas:  Minnesota Chapter 268, Minnesota Rules 3300-4370, and through a standard reviewed referred earlier as legal precedent.

Do Unemployment Laws Change?

Yes, Minnesota unemployment laws change all the time, which is why not every case law is applicable. For example, about ten years ago, there was a fancy unemployment rule called the “Hot Head Doctrine”. Basically, it was a rule that applied in moments of anger. Well, that rule has changed drastically over the years. Some good and some bad.

Now, add laws from the Covid Pandemic and or the financial crisis of 2007, and what you will find is that the rules and statutes governing unemployment claims is more different today than ever before.

How Often are Mistakes Made with Minnesota Unemployment Laws?

It is the experience of this law office that mistakes happen all the time. Unfortunatley, most applicants are unaware of the mistake until they are awarded bad news.

Generally, mistakes are made upon advise given by workforce centers, friends who claim they have been through the “system” and mistakes are made at all levels of the unemployment appeal process.

Because mistakes are made on a regular occurrence, Applicants and Employers seek unemployment appeals.

Questions about Minnesota Unemployment Laws

First, stop comparing Minnesota rules to other states. Our appeal system is very different than our border states. Second, stop listening to lay people. Family members are great for support versus legal advice.