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- Minnesota Business & Construction Law Issues
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Welcome to our discussion page for business, construction and contract issues. On this site you may post a message, seek advice, or provide information.
For all your business, real estate, contract and collection needs, call us at 612.240.8005.
IMPORTANT: Please remember that the bulletin board is open to the public and answers to questions may include answers by non-attorneys. Any information posted should be considered general in nature and may not apply to your individual circumstances. Please review a full listing of our Rules of Use and Disclaimer before posting.
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Subject Unemployment
Date Tue Sep 8 2009 11:24
Author Maury D. Beaulier
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When an unemployment compensation claim is made, the employer has the opportunity to respond to contest the payment by demonstrating that the peersonwas part of a voluntary quit or that they were terminated for "willful misconduct." An objection may be made at any time before benefits are issued. If benefits are denied, the following applies: FIRST LEVEL HEARING: The employee may file for a hearing with forms available online. The hearing will be scheduled with an unemployment law judge. The hearing will normally be done by telephone. The written record will be reviewed and parties may provide additional testimony. The judge will then issue a written decision, either agreeing with, or changing the original decision. It is important for you to continue requesting benefit payments every week or two weeks during the appeal process so that if the appeal decision goes in your favor, you will be paid for weeks that you have requested, provided all the other eligibility requirements are met. If the appealing party fails to participate in the evidentiary hearing, the unemployment law judge may summarily dismiss the appeal. REQUEST FOR RECONSIDERATION: Any decision handed down by the unemployment law judge may be reviewed by the same unemployment law judge that issued the decision if a request for reconsideration is filed within 20 calendar days of the sending of the unemployment law judge's decision by any involved applicant, involved employer or the commissioner. First level appeal decisions explain how to request a reconsideration. If a request for reconsideration is filed timely , the unemployment law judge shall issue an order (1) modifying the findings of fact and decision; (2) setting aside the findings of fact and decision and direct that an additional evidentiary hearing be conducted and (3) affirming the findings of fact and decision. Again, it is important to make continued requests for benefits every week or two weeks while the request for reconsideration is pending, (if you remain unemployed) as you can only be paid for weeks that have been properly requested. COURT OF APPEALS HEARING: Any reconsidered decision by the Unemployment Law Judge may be taken to the Minnesota Court of Appeals. Instructions for persons wishing to appeal a reconsidered decision is available at www.mncourts.gov, click on the Clerk of Appellate Courts link located on the left navigation bar, then scroll down to Unemployment Appeals. Again, you must make continued requests for benefits while awaiting a final decision if you are still unemployed. |
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