Unemployment Law

Unemployment Phone Appeal Hearing: Quitting for a “Better” Job

June 6, 2011

Unemployment compensation benefits were denied under Minn. Stat. 268.095, subd. 1(2) for an employee who quit their job for a job they considered “better”.  Under Minnesota Unemployment Law, an employee who quits their job for a “superior position” may be entitled to unemployment benefits if they work long enough to be eligible.  However, the superior [...]

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Unemployment Appeal: Phone Appeal Hearing, Failure to Answer

May 16, 2011

An employee who twice failed to answer telephone calls from an unemployment law judge to start a phone appeal hearing for unemployment benefits was denied unemployment benefits by the Minnesota Court of Appeals.  The terminated employee failed to offer any explanation for his failure to participate in the unemployment phone appeal hearing. See Sika v. [...]

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Unemployment Appeal: Missed Phone Appeal Hearing

May 4, 2011

An unemployment law judge denied unemployment benefits because he did not answer his phone when he was called for the phone appeal.  The Minnesota Court of Appeals upheld this decision.  The applicant for unemployment benefits claimed he did not receive the call because his cell phone did not have a good signal.  According to the [...]

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Unemployment Appeal: Good Reason to Quit Lacking

April 26, 2011

An applicant requested unemployment benefits.  The applicant for unemployment benefits had a “rocky” relationship with a supervisor was denied unemployment compensation benefits.  The Minnesota Court of Appeals held that by quitting after being given “written” coaching for poor interpersonal relationships with other employees, the employee was not entitled to unemployment compensation benefits because there was [...]

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April Insured Unemployment Rate

April 24, 2011

The advance number of actual initial claims under state programs, unadjusted, totaled 380,668 in the week ending April 16, a decrease of 67,357 from the previous week. There were 436,814 initial claims in the comparable week in 2010. The advance unadjusted insured unemployment rate was 3.1 percent during the week ending April 9, unchanged from [...]

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Unemployment Benefits: Misconduct for Late and Work Tardiness

April 18, 2011

 An employee was fired from their job after exceeding the employer’s limit of eight absences or instances of tardiness within a six-month period was denied unemployment compensation benefits.  The former employee appealed their denial of unemployment benefits to the Minnesota Court of Appeals.  The Minnesota Court of Appeals reviewed their claim for unemployment benefits.  However, [...]

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Minnesota Unemployment Overpayment attached to Federal Stimulus

April 11, 2011

As reported by the associated press, the Minnesota Department of Employment and Economic Development (DEED) overpaid three point two million dollars ($3,200,000) in unemployment benefits tied to the federal stimulus package.  This means that applicants (former employees) will be asked to return or repay the overpayment.  It is said that DEED mistakenly paid out $25 [...]

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Unemployment Benefits and Compensation Appeal: Employee Misconduct and Treatment of Children

April 8, 2011

 A terminated employee working as a preschool teacher treated students roughly.  The fired employee applied for unemployment benefits.  The preschool teacher was denied unemployment benefits because of employment “misconduct” under Minn. Stat. 268.095, subd. 6(a).  The Minnesota Court of appeals upheld her denial of unemployment benefits after the teacher had treated one child roughly, kept [...]

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Unemployment Benefits Appeal: Good Reason to Quit was Lacking

April 4, 2011

An office manager for a music school was denied unemployment compensation benefits after she quit because she felt “uncomfortable” with the school’s financial situation and thought that it was engaged in illegal financial practices.  While the applicant for unemployment benefits did not express her discomfort to the school before she quit her employment, the Minnesota [...]

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Unemployment Benefits Appeal: Failure to Make Credibility Findings

March 30, 2011

A denial of unemployment compensation benefits was reversed by the Minnesota Court of Appeals because the unemployment law judge overlooked testimony offered by the claimant, disregarded evidence contrary to the employer’s submission, and failed to make credibility determinations. The four concerns that were identified as grounds for employee misconduct were refuted by contrary evidence provided [...]

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Unemployment Appeal: Independent Contractor and Truck Driver

March 17, 2011

A truck driver delivering liquid fertilizer for a farm was deemed to be an employee, not an independent contractor, in an action arising from his application for unemployment compensation benefits.  The employee drove a truck that was “furnished” by the farm (the employer).  also, the employer paid for the independent contractor’s gasoline, truck repairs, and [...]

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Unemployment Appeal Hearing: Misrepresenting Hiring Application

March 7, 2011

An employee fired for misrepresenting her background on a job application was not entitled to unemployment benefits. The Minnesota Court of Appeals held that her failure to state that she was fired from her prior job for felony exploitation of a vulnerable adult constituted disqualifying “misconduct” once the new employer learned of the prior transgression. [...]

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Unemployment Appeal: Compensation of a Business Owner

February 24, 2011

The Minnesota Court of Appeals decided that the sole owner of a company was not entitled to unemployment benefits when they were unable to sustain their livelihood due to an economic downturn. Under the “plain” language of Minn. Stat. 268.035, subd. 20(28), people who own 25 percent or more of a business are not entitled [...]

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Unemployment Insurance Claims: January 2011

February 15, 2011

Initial claims for unemployment decreased 2,221 for January to 37,629. Year-over-year, that’s a decline of 4.7 percent, or 1,862.  The only increases in claims were in Administrative and Waste Services (12.3 percent over the year) and in Public Administration (up 2.4 percent).  The overall decline of less than 5.0 percent was despite double-digit declines in [...]

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Unemployment Appeal: Employer Relocation

February 12, 2011

The Minnesota Court of Appeals recently decided that a specific increase in an employee commute was not strong enough for the employee to quit their job and collect unemployment benefits.  The decision under Werner v. Medical professionals, LLC reversed the decision rendered by the Minnesota Department of Employment and Economic Development (DEED).  In this case, [...]

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Unemployment Appeal: Incarceration Causes Ineligibility

February 9, 2011

A terminated employee filed for unemployment benefits. After the terminated employee was denied benefits, they filed a request for an Unemployment Appeal Hearing. The terminated employee was incarcerated, without any explanation of the circumstances, warranted dismissing his appeal of a determination of ineligibility, when he failed to participate in the unemployment phone appeal hearing. The [...]

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Unemloyment Insurance Claims

January 25, 2011

Initial claims for unemployment decreased 2,092 for December to 39,850. Year-over-year, that’s a decline of 26.5 percent, or 14,351.  All major industry groups showed declines compared to last year, with most of 20 percent or more. The smallest decline was in Accommodation and Food Services (down 4.4 percent, 117 claims). The largest numerical decreases were [...]

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Unemployment Appeal: Taking Leave for School

January 25, 2011

A recipient of unemployment benefits enrolled in a dislocated worker program was denied because she took a part-time position to accommodate her school schedule. The unemployed worker filed for an unemployment appeal hearing. After reaching the Minnesota Court of Appeals, it was held that the unemployed worker, who had a part-time job as a certified [...]

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Minnesota Unemployment – November 2010

January 14, 2011

In November, the national unemployment rate increased two-tenths of a percent to 9.8% from October’s rate of 9.6% Minnesota’s unemployment rate remained at 7.1% from last month; this rate is five-tenths of a percentage lower than the 7.6% rate of November 2009.

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Unemployed for Reasons Other than Layoff

January 11, 2011

If a terminated employee is unemployed for any reason other than lack of work, Minnesota unemployment law requires that a process be followed to determine whether a terminated employee is eligible for unemployment benefits. The following is the general process for unemployed workers: Unemployed employee will be asked questions about why they are unemployed. The [...]

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