There were two unpublished decisions on unemployment benefits from the Minnesota Court of Appeals this week. The first decision is noteworthy because it was reversed. The second decision is noteworthy because it does not involve employment misconduct. Both decisions were released on August 18, 2014. Curiously, for the case that was reversed, the relator was represented by an attorney. Having an attorney on your side can make all the difference, although I am not sure that an attorney could have changed the outcome of the second case.
A13-2342, Frederick Wright, Relator, vs. Atterro, Inc., Respondent, Department of Employment and Economic Development, Respondent.
Summary: Relator challenges the decision of an unemployment-law judge (ULJ) that he is ineligible to receive unemployment benefits, resulting in an overpayment of benefits in the amount of $2,304. During the evidentiary hearing, relator's cell-phone died, and relator was disconnected. Nevertheless, the ULJ continued to question the employer after relator was disconnected. As such, relator did not have the opportunity to cross-examine the employer. Because the ULJ’s determination that relator quit his employment due to management concerns is not supported by the evidence in the record, we reverse.
A13-2348, Jennie Rasmussen, Relator, vs. Department of Employment and Economic Development, Respondent.
Summary: We affirm the determination of the unemployment-law judge (ULJ) that relator is barred from withdrawing her benefit account and establishing a new one because such withdrawal is prohibited by Minn. Stat. § 268.07, subd. 3b(c) (2012), which prohibits withdrawing a benefit account once unemployment benefits have been paid on that account.
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.
A13-2342, Frederick Wright, Relator, vs. Atterro, Inc., Respondent, Department of Employment and Economic Development, Respondent.
Summary: Relator challenges the decision of an unemployment-law judge (ULJ) that he is ineligible to receive unemployment benefits, resulting in an overpayment of benefits in the amount of $2,304. During the evidentiary hearing, relator's cell-phone died, and relator was disconnected. Nevertheless, the ULJ continued to question the employer after relator was disconnected. As such, relator did not have the opportunity to cross-examine the employer. Because the ULJ’s determination that relator quit his employment due to management concerns is not supported by the evidence in the record, we reverse.
A13-2348, Jennie Rasmussen, Relator, vs. Department of Employment and Economic Development, Respondent.
Summary: We affirm the determination of the unemployment-law judge (ULJ) that relator is barred from withdrawing her benefit account and establishing a new one because such withdrawal is prohibited by Minn. Stat. § 268.07, subd. 3b(c) (2012), which prohibits withdrawing a benefit account once unemployment benefits have been paid on that account.
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.
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