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There were three decisions on unemployment benefits from the Minnesota Court of Appeals this week, including one where I represented the applicant.  That case is noteworthy because it deals with a challenge to the constitutionality of the reconsideration statute.  The second is a fairly typical misconduct case -- not showing up for work when you are scheduled is misconduct.  The third is noteworthy because the judge's determination of whether the applicant had earned enough in the previous benefit year to establish a benefit account was remanded -- or sent back to the department -- for further factfinding.

1. A14-0159, Pamela Beidel, Relator, vs. Corporate Commission of Mille Lacs Band of Ojibwe Indians - Grand Casino Hinckley, Respondent, Department of Employment and Economic Development,Respondent.

Summary: Relator challenges the unemployment-law judge’s (ULJ) decision that she was discharged for employment misconduct and ineligible for unemployment benefits, arguing that she did not engage in misconduct and that a portion of the Minnesota Unemployment Insurance Law is unconstitutional. More specifically, Relator argued that the portion of the reconsideration statute requiring the same unemployment law judge who presided over the evidentiary hearing where benefits were denied is unconstitutional.  We affirm the ULJ’s decision and conclude that relator’s constitutional challenge fails

2. A14-0230, Mark M. Lazo, Relator, vs. Moguls F & B LLC, Respondent, Department of Employment and Economic Development, Respondent.

Summary: Relator Mark M. Lazo challenges an unemployment-law judge’s (ULJ) determination that he is ineligible for unemployment benefits because he was discharged for employment misconduct after he failed to report to work on two occasions.  Lazo argued that he was not scheduled to work on those dates, but the Appeals Court affirmed the determination of ineligibility.

3. A14-0228, Chaquita Broadway,Relator, vs.Minnesota State Agricultural Society-Minnesota State Fair, Respondent, Island Therapeutic Massage Wellness Center, Respondent, Department of Employment and Economic Development, Respondent.

Summary: In this certiorari appeal, relator argues that the unemployment-law judge (ULJ) erred by concluding that she did not meet the minimum requirements to establish an unemployment-benefit account.  As the Appeal Court stated,

Credibility was central to the ULJ’s decision because Broadway’s testimony was the only evidence that she received an additional $550 in wages. Because the ULJ’s decision not to credit Broadway’s testimony had a 
significant effect on the outcome, the ULJ was required to provide her reason for discrediting that testimony. See Minn. Stat. 268.105, subd 1a(a).; Wichmann v. Travalia, 729 N.W.2d 23, 29 (Minn. App. 2007). Because the ULJ failed to do so, we remand for the ULJ to make additional findings.

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. 



 


Comments

09/03/2015 3:32am

Education taught us the basic and main difference between legal and illegal things and education also advises us to adopt the legal way. Education always guides a person towards the effective and useful way which can help him a lot.

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