There were two decisions on unemployment benefits from the Minnesota Court of Appeals this week.  The first repeats an often-heard theme that an applicant who commits employment misconduct is ineligible for unemployment benefits.  The second stands for the proposition that an appeal must be timely filed or be dismissed and affirms an administrative decision that an overpayment of unemployment benefits is subject to Revenue Recapture.  Here are the summaries:

A14-1061, Jerome Mitchell, Relator, vs. Swift Pork Company, Respondent, Department of Employment and Economic Development, Respondent.

Relator Jerome Mitchell challenges the decision of the unemployment law judge (ULJ) that he is ineligible for unemployment benefits because he committed employment misconduct.  More specifically, Mitchell had been disciplined for violating work rules involving food safety and sanitation.  We affirm.

A14-0650, Ge Yang, Relator, vs. Department of Employment and Economic Development, Respondent.

Relator challenges two unemployment law judge (ULJ) decisions, one dismissing his appeal from an ineligibility determination as untimely, and the other concluding that his overpayment debt is properly subject to revenue recapture under the Minnesota Revenue Recapture Act.  On the timeliness issue, the Court of Appeals held that the 20-day statutory deadline for filing an appeal must be strictly construed, regardless of mitigating circumstances.  On the Revenue Recapture issue, the Court of Appeals held that an overpayment of unemployment benefits was properly repaid through Revenue Recapture, and that DEED followed all of the s  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. 



03/26/2015 9:54am

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10/12/2015 4:17am

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