There was only one decision on unemployment benefits this week from the Minnesota Court of Appeals.  The decision was released on October 6, 2014.  The case is a good illustration that an applicant for unemployment benefits who quits employment must have a good reason to quit caused by the employer, but is noteworthy because this is the third time that the case has been before the Appeals Court.

A14-0371, Lennis Bentrud, Relator, vs. Robin Drug Corp., Respondent, Department of Employment and Economic Development, Respondent.

Summary: On certiorari appeal from a determination by an unemployment law judge (ULJ) that relator is ineligible for unemployment benefits, relator argues that the ULJ erred by determining that she quit employment without good reason caused by the employer.  Relator argued that she quit because of physical harassment and intimidation directed at her by her supervisor, but the ULJ ultimately determined that Bentrud quit because her supervisor altered her timecard, with the result that she was paid for time off instead of having to take time off without pay.  The Appeals Court concluded "that a reasonable, average worker would not quit employment in favor of unemployment where the alteration to her timecard resulted in her receiving more pay than anticipated."  For these reasons, the Court of Appeals affirmed the ULJ's decision that relator was ineligible to receive unemployment benefits.

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.

Although there were only two unpublished opinions this week, both were reversed and one was also remanded. In the first case, the Relator is found ineligible for benefits due to employee misconduct.  The Appeals Court reversed the decision, without remanding it back to the Department of Employment and Economic Development. The second case (which was reversed and remanded) relates to the Relator’s ineligibility for quitting without good reason attributable to his employer.

1.  A13-2346  Richard Hammerstad, Relator, vs. Princeton Auto Center, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Summary:  Relator challenges an unemployment-law judge’s decision that he is ineligible for unemployment benefits due to employment misconduct.  Princeton Auto Center (the employer) claimed that the employee did not have a valid driver’s license due to a recent DUI and is therefore not able to drive vehicles and perform his duties as described at time of hire.

This week there were two unemployment unpublished decisions from the Minnesota Court of Appeals. The first case is quite interesting because it is in regard to whether or not performers and professional staff members are considered employees or independent contractors if hired on a short-term basis, which is the reason Relator Skylark Opera challenges the ULJ’s decision that these persons are employees. The Court reversed this decision. The second case involves the Relator challenging her ineligibility to collect unemployment benefits because she quit her job. This case was affirmed by the Court.

A13-2343  Skylark Opera, Relator, vs. Department of Employment and Economic Development, Respondent.

Summary:  Relator Skylark Opera challenges a final decision by a ULJ determining that performers and professional staff members that they hire on a short-term basis for a handful of annual productions are employees rather than individual contractors, and for this reason that wages paid to these persons are taxable under the unemployment-insurance laws.  The Appeals Court held because Skylark Opera hires persons on a short-term basis for only four performances, that the workers were hired as independent contractors.  Because the persons hired by Skylark Opera are independent contractors, we reverse.

A14-0054  Wendy Bronstad, Relator, vs. The House of Hope, Inc., Respondent, Department of Employment and Economic Development, Respondent.        

Summary:  Relator Wendy Bronstad applied for unemployment benefits, but the  Department of Employment and Economic Development determined that she is ineligible because she quit her employment without a good reason caused by her employer. Bronstad filed an administrative appeal, and the unemployment-law judge (ULJ) upheld the ineligibility determination and affirmed this decision after Bronstad requested reconsideration.  TheAppeals Court concluded that because Bronstad’s reason for quitting was due to a demotion based on unsatisfactory job performance, substantial evidence supports the ULJ’s finding that the circumstances that caused her to quit would not cause an average, reasonable worker to quit. The ULJ did not err in upholding the determination of ineligibility. Affirmed.

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. 

This week there were only two unpublished opinions from the Minnesota Court of Appeals related to unemployment benefits. The relator in the first case challenges the ULJ’s decision that she was overpaid unemployment benefits because she improperly reported her earnings. The appeal by the relator in the second case is one we commonly see – the ULJ’s decision that he is ineligible to receive unemployment benefits because he quit his employment without good reason caused by his employer. Both cases were affirmed.

1.  A14-0386  Kristin Buege, Relator, vs. County of Houston, Respondent, City of   Caledonia, Respondent, Department of Employment and Economic Development, Respondent.

Summary:  Relator appeals an unemployment-law judge (ULJ) decision that she was overpaid unemployment benefits because she improperly reported her earnings.  Relator worked as the City of Caldonia and Houston County in a variety of roles with varying rates of pay.  Further, some of the earnings were deductible, and reduces the amount of unemployment benefits, and some were not deductible.  The end result was that Relator received an overpayment of unemployment benefits.  On appeal, Relator argues argues that the ULJ erred by failing to consider that she reported her earnings in good faith and by miscalculating her earnings.  However, acting in good faith is not a defense to an overpayment of unemployment benefits.  We affirm.

2.  A14-0172  Cody Sigfrid, Relator, vs. Osseo Powersports, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Summary:  Relator challenges the unemployment-law judge’s (ULJ) determination that  he is ineligible for unemployment benefits because he quit his employment  without good reason caused by his employer.  The ULJ found that Relator quit his job for personal reasons (to become a full-time student), and consequently was ineligible for unemployment benefits.  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 unpublished opinions this week from the Minnesota Court of Appeals. All three are interesting cases, especially the third case. In the first case, the Relator quit her job due to stress and anxiety and challenges the ULJ’s determination that she is ineligible for unemployment because she quit her job for medical reasons. The second case involves a Relator who received unemployment benefits for a year, and then attempted to establish another benefit account, even though he had not lost a job while he was receiving benefits.  The third case is odd and definitely worth a look because it involves an appeal by an employer of a determination by Unemployment Insurance Minnesota that a former employee is eligible to receive benefits.  All three cases were affirmed.

1.  A14-0057  Sondra Keeney, Relator, v. Midwest Special Services, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Summary:  Sondra Keeney was employed by Midwest Special Services, Inc., until she quit due to stress and anxiety. An unemployment-law judge determined that she is ineligible for unemployment benefits. On appeal, she argues that she is eligible because she had a serious illness that made it medically necessary to quit and because she quit for a good reason caused by her employer. Although there is a medical exception to the general rule that quitting employment results in ineligibility for unemployment benefits, the unemployment law judge found that Keeney did not prove that she had to quit for medical reasons by introducing evidence, such as a doctor's note.  The Court of Appeals affirmed because the unemployment law judge's decision was supported by substantial evidence.

Tim is teaching a FREE seminar on what every employer needs to know about unemployment benefits and appeals.  The seminar will be held on Friday 9/19/2014 from noon - 1:00 p.m. at Tim's office, 2140-4th Avenue, Anoka MN 55303.  Here is the official 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 and to register, please visit https://www.eventbrite.com/e/what-employers-need-to-know-about-unemployment-benefits-and-appeals-tickets-12695748325

There is only one unpublished opinion on unemployment benefits from the Minnesota Court of Appeals this week  The relator is pro se, meaning that he is representing himself.  Although you always have the right to represent yourself in Minnesota, representing yourself is seldom a good idea, especially when you are appealing a case to the Minnesota Court of Appeals.  In this case, the decision was affirmed. 


A13-1943  John Matheson, Hilltop, Minnesota (pro se relator), Progressive Action - Minnesota, Respondent, Department of Employment and Economic Development, Respondent.

Summary: In this certiorari appeal, pro se relator appeals the unemployment-law judge’s decision that he is ineligible to receive employment benefits because he quit his job without a good reason caused by his employer.  In particular, relator argued that he had a good reason to quit caused by his employer because of an interpersonal conflict and difficulties communicating with his supervisor. 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. 

Tim is teaching a FREE seminar on what every employer needs to know about unemployment benefits and appeals.  The seminar will be held on Friday 8/15/2014 from noon - 1:00 p.m. at Tim's office, 2140-4th Avenue, Anoka MN 55303.  Here is the official 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: This seminar has been approved for one standard CLE credit.  The event code is 194856.

Space is limited, so advance registration is required.  For more information and to register, visit https://www.eventbrite.com/e/what-employers-need-to-know-about-unemployment-benefits-and-appeals-tickets-12490815365

There were two unemployment decisions from the Minnesota Court of Appeals this week. Both relators dispute they are ineligible to receive unemployment benefits because they quit their employment without good reason caused by their employers.  As a general rule, if you quit employment, you are ineligible to receive unemployment benefits, unless you had good reason to quit caused by the employer, or one of a limited number of exceptions applies.  One of the relators is pro se, a Latin phrase that literally means "on behalf on oneself."  Both decisions were affirmed.

1.   A13-1806  Charles Lambert Bey, Relator, vs. W.W. Johnson Wholesale Meat Co., Inc., Respondent, Department of Employment and Economic Development, Respondent.

Summary: Pro se relator seeks certiorari review of an unemployment-law judge’s decision that he is ineligible to receive unemployment benefits because he quit his employment without good reason caused by his employer. We affirm.

2.  A13-2151   Michael Robin, Relator, vs. BHSI LLC, Respondent, Department of Employment and Economic Development, Respondent.

Summary:  Michael Robin sought unemployment benefits, but the department of employment and economic development determined that he is ineligible because he quit his employment without a good reason caused by his employer. After Robin filed an administrative appeal, an unemployment-law judge upheld the ineligibility determination and denied Robin’s request for reconsideration based on newly discovered evidence. 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 are only two decisions on unemployment benefits from the Minnesota Court of Appeals this week.  Both of the decisions were affirmed -- one because the applicant did not have "good reason to quit caused by the employer," and the other because the applicant was not available for suitable work.  In the first decision, the Court makes clear that a "good reason to quit" must not be based on mere speculation.  All decisions were released on Monday 7/7/14.

A13-1572   Tamara S. Jamnick, Relator, vs. Range Mental Health Center, Inc., Respondent, Department of Employment and Economic Development, Respondent.

In this certiorari appeal, relator challenges an unemployment-law judge’s (ULJ) determination that she is ineligible for unemployment benefits. Relator claims that she is eligible for benefits because she quit her employment based on a good reason caused by her employer.  Because Jamnick’s reasons for quitting were based on speculation, they would not compel an average, reasonable worker to quit and become unemployed rather than remain in the employment. The ULJ therefore correctly determined that Jamnick did not quit her employment because of a good reason caused by Range.  She also challenges the ULJ’s refusal to issue a subpoena for documents from her employer and contends that her employer gave false testimony. We affirm.

“A request for a subpoena may be denied if the testimony or documents sought would be irrelevant, immaterial, or unduly cumulative or repetitious.” Minn. R. 3310.2914, subp. 1.  The ULJ denied Jamnick’s subpoena request because “none of the information requested would change the decision.” We agree.

A13-1997  Antionette Dunn, Relator, vs. Caremate Home Health Care, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Relator Antionette Dunn challenges the unemployment law judge’s (ULJ) determination that she is ineligible to receive unemployment benefits, arguing that the record does not support the decision. We affirm.

The ULJ issued a decision in this case concluding that “Dunn is ineligible to receive unemployment benefits” because she “has not been available for suitable employment.”  Because Dunn repeatedly turned down Caremate’s offers to work more hours in order to provide care for her stepdaughter, who had been in an automobile accident, it is clear that Dunn was not “ready, willing, and able to accept suitable employment.” See Minn. Stat. § 268.085, subd. 15(a); Hansen v. Cont'l Can Co., 301 Minn. 185, 187, 221 N.W.2d 670, 672 (1974) (“A claimant may not limit [his] availability because of personal or domestic reasons unrelated to [his] employment” (quotation omitted.)). The ULJ did not err in concluding that Dunn was not available for suitable employment.

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.