There were three unemployment decisions from the Minnesota Court of Appeals this week. One relator appeals the determination that he is ineligible to receive unemployment benefits because of his untimely request for reconsideration. Another relator challenges his ineligibility because he misrepresented his criminal record during his employment interview, and a third relator challenges the ULJ’s decision of ineligibility, arguing that she was unaware of one her the employer’s policies. All three cases were affirmed.
1. A13-2022 Bradley G. Bremer, Relator, vs. Thomas Allen, Inc., Respondent, Department of Employment and Economic Development, Respondent.
Summary: Relator challenges the unemployment-law judge’s (ULJ) dismissal of his appeal of a determination that he is ineligible to receive unemployment benefits. Because we conclude that the ULJ correctly determined that relator’s appeal was not filed within the required statutory time frame, we affirm.
Because of Bremer’s untimely request for reconsideration, Minn. Stat. § 268.105, subds. 1(c), 2(a) (2012), and because the law provides for no exceptions to alter the statutory period, the ULJ did not have jurisdiction to decide whether the determination of ineligibility is correct. The ULJ’s determination that relator is ineligible to receive unemployment benefits became final.
2. A13-1951 Andrew R. Patson, Relator, vs. Skaff Apartments, Inc., Respondent, Department of Employment and Economic Development, Respondent.
Summary: Relator challenges an unemployment-law judge’s determination that he is ineligible for unemployment benefits because he misrepresented his criminal record during his employment interview. We affirm.
The Court was not persuaded by Patson’s focus of his challenge that his misrepresentation was inadvertent and the result of the interview questions being insufficiently clear. Because substantial evidence supported the ULJ’s determination that Patson committed employment misconduct because his misrepresentation was either intentional or negligent and was not inadvertent, the Court affirmed the ULJ’s decision.
3. A13-2138 Pamela Jeanne Googe, Relator, vs. Capstone Services, LLC, Respondent, Department of Employment and Economic Development, Respondent.
Summary: Relator challenges the decision by an unemployment law judge (ULJ) that she was discharged for misconduct and is ineligible for unemployment benefits, arguing that she was unaware of the employer’s policy regarding the proper use of its credit card and that her use of the credit card was condoned by her supervisor. Although relator is correct that the ULJ erred by failing to set forth a reason for crediting the employer’s testimony over her testimony regarding the use of the credit card, relator was discharged for other acts of misconduct, which she does not dispute on certiorari review. Because these other acts of misconduct justify the ULJ’s denial of 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.
1. A13-2022 Bradley G. Bremer, Relator, vs. Thomas Allen, Inc., Respondent, Department of Employment and Economic Development, Respondent.
Summary: Relator challenges the unemployment-law judge’s (ULJ) dismissal of his appeal of a determination that he is ineligible to receive unemployment benefits. Because we conclude that the ULJ correctly determined that relator’s appeal was not filed within the required statutory time frame, we affirm.
Because of Bremer’s untimely request for reconsideration, Minn. Stat. § 268.105, subds. 1(c), 2(a) (2012), and because the law provides for no exceptions to alter the statutory period, the ULJ did not have jurisdiction to decide whether the determination of ineligibility is correct. The ULJ’s determination that relator is ineligible to receive unemployment benefits became final.
2. A13-1951 Andrew R. Patson, Relator, vs. Skaff Apartments, Inc., Respondent, Department of Employment and Economic Development, Respondent.
Summary: Relator challenges an unemployment-law judge’s determination that he is ineligible for unemployment benefits because he misrepresented his criminal record during his employment interview. We affirm.
The Court was not persuaded by Patson’s focus of his challenge that his misrepresentation was inadvertent and the result of the interview questions being insufficiently clear. Because substantial evidence supported the ULJ’s determination that Patson committed employment misconduct because his misrepresentation was either intentional or negligent and was not inadvertent, the Court affirmed the ULJ’s decision.
3. A13-2138 Pamela Jeanne Googe, Relator, vs. Capstone Services, LLC, Respondent, Department of Employment and Economic Development, Respondent.
Summary: Relator challenges the decision by an unemployment law judge (ULJ) that she was discharged for misconduct and is ineligible for unemployment benefits, arguing that she was unaware of the employer’s policy regarding the proper use of its credit card and that her use of the credit card was condoned by her supervisor. Although relator is correct that the ULJ erred by failing to set forth a reason for crediting the employer’s testimony over her testimony regarding the use of the credit card, relator was discharged for other acts of misconduct, which she does not dispute on certiorari review. Because these other acts of misconduct justify the ULJ’s denial of 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.
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