Unemployment in Minnesota for Military

So, you are wondering whether there is unemployment in Minnesota for military folks.  First, thank you for serving.  Being prior military too and catering to Veterans with disabilities, this issue hits home.

What have you heard about unemployment in Minnesota for military?

As you likely know, Minnesota does not necessarily favor military past and present.  As a result, the conclusion to whether military benefits affect unemployment benefits in Minnesota will be alarming and likely contradict everything you have heard from the Minnesota Work Force Center, VA County Officer(s), and those that you served with.

First, what type of military benefits are you currently receiving or entitled too?

To begin, please ask yourself – where are your military benefits coming from?  In other words, are they VA benefits, a pension, or actual wages or earnings?  It isn’t until you are able to identify the type of benefit you are receiving that one can seriously predict whether you are eligible for unemployment compensation in MN.

Because workers at the MN Work Force Center, VA County Officer(s), and those you served with do not ask this first initial question – this law office often helps those serving (past and present) in the Armed Forces seek validation supported by black and white legal rules.  Thus, this law office encourages you to seek help too.

Unemployed in MN and called back to the military:

A person who gets called back for service and this same person is currently collecting unemployment benefits will not see a deduction in their weekly unemployment benefit.  This is true because Minnesota Unemployment Rule 268.085, subdivision 5, paragraph c tells us so.  Thus, military benefits received as pay due to you being called up or serving in your Guard unit or Reserve unit should not affect your unemployment benefits in Minnesota.

Will a military pension affect your unemployment in Minnesota?

Yes, military pensions impact unemployment benefits and eligibility in Minnesota.  However, do you have more details specific to your pension?

Like that referenced above, our local government really have no clue when it comes to writing laws to favor our military.  Unfortunately, the rules and laws in Minnesota that impact unemployment and our military do not make a distinction between military benefits, VA benefits, or military pensions.

Instead, our Minnesota unemployment laws limit their discussion to “pensions, retirement”, and benefits due to a work related injury.  As a result, it is very likely your military benefits will reduce if not negate your unemployment benefits because Minnesota law does not expressly support those earning and or receiving a military pension.

Do VA benefits affect unemployment in Minnesota?

This law office is not trying to sound like a broken record.  Yes, VA benefits impact unemployment benefits and your eligibility.  However, do you have more details specific to benefit?  VA benefits can mean so many things ranging from a disability percentage (%), prescriptions, medical equipment, etc.

In general, VA benefits is the military’s version of worker compensation.  In other words, a member in the military who is hurt may receive VA benefits.  Outside the Armed Forces, a worker who gets hurt while working may receive worker compensation.  Because worker compensation benefits impact unemployment benefits in Minnesota, VA benefits can affect your unemployment benefits too.

Again, this is likely alarming because people will suggest otherwise.  That said, it really depends on the classification of your VA benefit.

What should you do?

This law office knows first hand the frustration with this process.  If you served in the military, are trying to determine if you can collect unemployment, attend school, and or whether your VA benefits will impact your eligibility, consider contacting this law office for help.