Tim is teaching a FREE seminar on Unemployment Benefits, Applications, and Appeals.  The seminar will be held on Friday 4/17/2020 at 3 PM.  In this FREE seminar, we will talk about what sorts of unemployment benefits are available to you, how to apply, and your options for appeal if your application is denied.

Space is limited, so advance registration is required.  To register, please visit:

https://zoom.us/meeting/register/uJckcu-tqDgvgXrJVsgjWjvgNWJqLXk0sg

If you are denied unemployment benefits, or are an employer who wants to challenge a former employee's eligibility for benefits, your best bet is to meet with an attorney who handles unemployment appeals to discuss your options.  To that end, I represent both applicants and employers in unemployment appeals.  However, you want to move quickly, because you have a very short deadline within which to appeal.

Please call (763) 290-0445 today to set up a time for a telephone call or video chat to discuss your situation.  Everybody gets a complimentary 5-minute mini-telephone consultation, but I charge a fee for a longer consultation where I analyze your case and discuss your options in greater detail.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  Also, Tim is licensed only in state and federal courts in Minnesota.  As such, any information provided in this blog post pertains only to those jurisdictions.  Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up a time for a telephone call or video chat to discuss your situation.

You are furloughed or laid off from your job, apply for unemployment benefits, and are denied.  What next?  As of the date of this blog, we are currently under a "shelter-at-home" order, and businesses of all stripes are furloughing or laying off employees left and right.  If you are lucky, you are in an "essential" industry, but most employers are at the least reducing the hours of their employees.

The short answer is that, if you apply for unemployment benefits and are denied,  you should probably appeal the denial, but the longer answer is that you were fired (the technical term is "discharged") for employment misconduct - that is, conduct that an employer has the right to reasonably expect of its employees.  If you were discharged through no fault of your own, and did not violate your (former) company's policy, then you may be eligible for unemployment benefits.

On the other hand, if you quit outright or resigned, then you probably will not be eligible for unemployment benefits, unless you had a good reason to quit that was caused by your employer.  It is very difficult to show that you had such a good reason to quit, so if you quit your job you are probably out of luck.

If you are denied unemployment benefits, or are an employer who wants to challenge a former employee's eligibility for benefits, your best bet is to meet with an attorney who handles unemployment appeals to discuss your options.  To that end, I represent both applicants and employers in unemployment appeals.  However, you want to move quickly, because you have a very short deadline within which to appeal.

Please call (763) 290-0445 today to set up a time for a telephone call or video chat to discuss your situation.  Everybody gets a complimentary 5-minute mini-telephone consultation, but I charge a fee for a longer consultation where I analyze your case and discuss your options in greater detail.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  Also, Tim is licensed only in state and federal courts in Minnesota.  As such, any information provided in this blog post pertains only to those jurisdictions.  Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 290-0445 to set up a time for a telephone call or video chat to discuss your situation. 

Tim is teaching a free seminar/CLE on "What Every Employer Needs to Know about Unemployment Benefits and Appeals."  The seminar will be held on Friday, August 17 from 9 – 10 AM at Tim's office, 2140 4th Avenue, Anoka Minnesota 55303.

From the event description:

In this FREE seminar, we will cover unemployment benefits and appeals from the employer's perspective, including an employee's initial application, determination of eligibility or ineligibility, responding to a request for information from Unemployment Insurance Minnesota, and appealing an unfavorable determination.  This seminar is geared for employers, human resource professionals, and attorneys who represent them in the unemployment arena.  ATTORNEYS: One standard CLE credit applied for.

Space is limited, so advance registration is required. For more information, or to register, please visit 

​www.eventbrite.com/e/what-every-employer-needs-to-know-about-unemployment-benefits-and-appeals-tickets-48615780107

Thanks!

Tim is teaching a free seminar/CLE on "What Every Employer Needs to Know about Unemployment Benefits."  The seminar will be held on Friday, February 2, 2018 from 9 AM – 10 AM at Tim's office, 2140 4th Avenue, Anoka Minnesota 55303.

ATTORNEYS: One standard CLE credit has been applied for.

Space is limited, so advance registration is required. For more information and to register, please visit:

https://www.eventbrite.com/e/what-employers-need-to-know-about-unemployment-benefits-and-appeals-tickets-42370325785

Thanks!

There was only one decision this week on unemployment benefits from the Minnesota Court of Appeals. The decision stands for the proposition that an applicant commits unemployment misconduct by punching another employee in the head and causing that employee to have a concussion. Still, the decision was remanded in part for specific findings on whether the conduct in question constituted aggravated misconduct. Without further ado, here is the summary:

A16-0050: Debra Barrett, Relator, vs. Jourdain/Perpich Extended Care Facility, Inc., Respondent, Department of Employment and Economic Development, Respondent.

In this unemployment-compensation appeal, relator challenges a determination by an unemployment-law judge (ULJ) on reconsideration that relator is ineligible for unemployment benefits because she was discharged from her employment for employment misconduct. The misconduct in question was punching another employee in the head and causing that employee to have a concussion.

The Court of Appeals upheld the determination by the unemployment law judge that the conduct in question was employment misconduct, but rain remanded the case  back to the Department of Employment and Economic Development for a determination by the unemployment law judge whether the  misconduct was aggravated and could be a crime under Minnesota law.

If you are denied unemployment benefits, or are an employer who wants to challenge a former employee's eligibility for benefits, your best bet is to meet with an attorney who handles unemployment appeals to discuss your options.  To that end, I represent both applicants and employers in unemployment appeals.  Please call (763) 450-9494 today to set up an appointment to discuss your situation.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  Also, Tim is licensed only in state and federal courts in Minnesota.  As such, any information provided in this blog post pertains only to those jurisdictions.  Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

There were no decisions issued this week on unemployment benefits from the Minnesota Court of Appeals. Usually, this means there are several cases that will be issued in the near future.

If you are denied unemployment benefits, or are an employer who wants to challenge a former employee's eligibility for benefits, your best bet is to meet with an attorney who handles unemployment appeals to discuss your options.  To that end, I represent both applicants and employers in unemployment appeals.  Please call (763) 450-9494 today to set up an appointment to discuss your situation.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  Also, Tim is licensed only in state and federal courts in Minnesota.  As such, any information provided in this blog post pertains only to those jurisdictions.  Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

There were no decisions on unemployment benefits issued today by the Minnesota Court of Appeals.  This usually means that a whole slew of cases will be forthcoming.

If you are denied unemployment benefits, or are an employer who wants to challenge a former employee's eligibility for benefits, your best bet is to meet with an attorney who handles unemployment appeals to discuss your options.  To that end, I represent both applicants and employers in unemployment appeals.  Please call (763) 450-9494 today to set up an appointment to discuss your situation.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  Also, Tim is licensed only in state and federal courts in Minnesota.  As such, any information provided in this blog post pertains only to those jurisdictions.  Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

There were three decisions on unemployment benefits this week issued by the Minnesota Court of Appeals.  The second case is unique because the Relator is represented by an attorney, which is always a good idea when appealing to the Court of Appeals.  The third case is unique because the Department of Employment and Economic Development requested reversal, admitting that the hearing was not fair.

1. A15-0433, Leola Banks, Relator, vs. Regions Hospital, Respondent, Department of Employment and Economic Development, Respondent.

Leola Banks’s supervisor discharged Banks from her employment at Regions Hospital after Banks signed prescription-drug order forms as a licensed pharmacist even though she was not a licensed pharmacist. Banks appeals from an unemployment-law judge’s determination that she is ineligible to receive unemployment benefits because she was discharged for employment misconduct. Because Banks’s misrepresenting herself as a pharmacist to order drugs constitutes employment misconduct, we affirm. 

2. A15-0305, Paul Hecimovich, Relator, vs. Always There Staffing, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Paul Hecimovich quit his job as a scrap-iron laborer after one week because his boss yelled at him. An unemployment-law judge (ULJ) determined that Hecimovich is ineligible for unemployment benefits because he quit his employment and the statutory 30-day unsuitability exception does not apply. Hecimovich appeals, arguing that because his employment was unsuitable under Minnesota Statutes section 268.035, subdivision 23a (2014), he need not show that the reason he quit his job was its unsuitability

Hecimovich did not quit his job because it was unsuitable. He quit because it was intolerable to his personal sensibilities. In Wiley v. Robert Half Int’l, Inc., we recognized that the word “because” in the 30-day unsuitability exception establishes that the statute requires an applicant to show a causal relationship between the job’s unsuitability and the applicant’s reason for quitting. 834 N.W.2d 567, 570–71 (Minn. App. 2013). Although the employment’s unsuitability need not be the sole or even the primary reason why the employee quit, it must be one reason. Id. at 571.

Hecimovich’s only reason for quitting was his boss’s yelling at him. The yelling is unrelated to the job’s unsuitability under the statute, and Hecimovich therefore does not establish the required causal relationship. Hecimovich’s counsel conceded at oral argument that reversing the ULJ’s eligibility determination would require us to overturn our decision in Wiley. We decline the invitation to do so.  Accordingly, we affirm the ULJ’s determination.

3.  A15-0703, Patrick H. Horan, Relator, v. Centerline Charter Corp., Respondent, Department of Employment and Economic Development, Respondent.

Relator Patrick H. Horan challenges a decision by an unemployment-law judge, affirmed on reconsideration, determining him ineligible for unemployment benefits. Respondent Minnesota Department of Employment and Economic Development (the department) has filed a letter requesting reversal of the unemployment-law judge’s decision. Horan’s employer, respondent Centerline Charter Corp., has not filed an appellate brief or a response to the department’s letter. Because we agree with the department that the unemployment-law judge did not provide a fair hearing to Horan and that the unemployment-law judge’s decision is not supported by the evidence in the record, we reverse.

If you are denied unemployment benefits, or are an employer who wants to challenge a former employee's eligibility for benefits, your best bet is to meet with an attorney who handles unemployment appeals to discuss your options.  To that end, I represent both applicants and employers in unemployment appeals.  Please call (763) 450-9494 today to set up an appointment to discuss your situation.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  Also, Tim is licensed only in state and federal courts in Minnesota.  As such, any information provided in this blog post pertains only to those jurisdictions.  Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

The Minnesota Court of Appeals did not release any decisions on employment benefits today, Monday 6/1/15.  Instead, I am summarizing the decisions issued in the past two weeks.

May 18, 2015: A14-1811 Anita P. Doering, Relator, vs. Department of Employment and Economic Development, Respondent.

Relator challenges the determinations of the unemployment-law judge (ULJ), arguing that the ULJ’s findings that she had fraudulently received unemployment benefits were not supported by substantial evidence and that relator did not fraudulently fail to report her hours and earnings.   We affirm.

May 26, 2015: A14-2092 Ahmed Ghanim, Relator, vs. FedEx Kinko’s Office and Print Services, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Relator challenges the unemployment-law judge’s (ULJ) determination that he is ineligible to receive unemployment benefits because he quit his employment without a good reason caused by his employer.  In this case, relator quit because "the job became too difficult for him" due to health concerns which he did not report to his employer. We affirm. 

If you are denied unemployment benefits, or are an employer who wants to challenge a former employee's eligibility for benefits, your best bet is to meet with an attorney who handles unemployment appeals to discuss your options.  To that end, I represent both applicants and employers in unemployment appeals.  Please call (763) 450-9494 today to set up an appointment to discuss your situation.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  Also, Tim is licensed only in state and federal courts in Minnesota.  As such, any information provided in this blog post pertains only to those jurisdictions.  Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

There were three decisions on unemployment benefits this week from the Minnesota Court of Appeals.  The first two cases are fairly typical because the affirm the rules (1.) that committing employment misconduct makes an applicant ineligible for unemployment benefits and (2.) quitting a job without good reason caused by the employer makes an applicant ineligible, unless that applicant meets an exception to the ineligibility rules.  The third case is unique because the applicant was represented by an attorney and the decision was reversed, but the reversal resulted in a denial of unemployment benefits.

1. A14-1303: Janvier LeViege, Relator, vs. U.S. Postal Service (FIC 732/Dest 1), Respondent, Department of Employment and Economic Development, Respondent.

Relator challenges an unemployment-law judge’s decision that relator is ineligible for unemployment benefits because she was terminated from employment for misconduct after twice failing to comply with the employer’s policy for reporting unscheduled absences. Relator argues that (1) she did not commit misconduct because the absences were covered under the Family Medical Leave Act (FMLA), and she complied with the FMLA’s reporting requirements; and (2) an additional hearing should have been allowed because she did not receive one of the employer’s exhibits until the hearing date. We affirm.

2. A14-1385: Angela Hofmann, Relator, vs. Minnesota Department of Health, Respondent, Department of Employment and Economic Development, Respondent.

Angela Hofmann was a health department employee who quit her job after she could no longer meet the travel obligations of her position and her supervisor offered her 2 an extended medical leave of absence. The department of employment and economic development determined that Hofmann is ineligible for unemployment benefits because she did not fall into any exception to the statutory voluntary-quit disqualification provision, which provides that an applicant might be eligible for unemployment benefits if that applicant informs the employer of her disability and requests a reasonable accommodation, but the employer denied the request. Because Hofmann’s employer offered a reasonable accommodation based on the information Hofmann provided, we hold that the medical-necessity exception does not apply and we affirm.

3.  A14-1786: Jolene Van Wyhe, Relator, vs. Thermospas Hot Tub Products, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Relater Jolene Van Wyhe brings a certiorari appeal of a determination that she is ineligible for unemployment benefits, arguing that the unemployment-law judge erred by concluding that she performed services 32 hours per week. Van Wyhe also asserts that the unemployment-law judge’s 2012 decision, which found Van Wyhe eligible for benefits under identical circumstances, collaterally estops him from now finding her ineligible. Van Wyhe further urges this court to reverse a fraud determination. Because an employee who is on call away from the worksite for 32 hours per week but not working is not “performing services” under the statute, we reverse, but do not determine the fraud issue because it is not properly before the Appeals Court.

If you are denied unemployment benefits, or are an employer who wants to challenge a former employee's eligibility for benefits, your best bet is to meet with an attorney who handles unemployment appeals to discuss your options.  To that end, I represent both applicants and employers in unemployment appeals.  Please call (763) 450-9494 today to set up an appointment to discuss your situation.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  Also, Tim is licensed only in state and federal courts in Minnesota.  As such, any information provided in this blog post pertains only to those jurisdictions.  Further, you should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.