Terminations & Quitting

Minnesota Unemployment Fraud

Minnesota Unemployment Fraud

What is Minnesota Unemployment Fraud? Minnesota Unemployment Fraud is defined in two areas under Minnesota law. Under the first area, Minnesota unemployment fraud is is defined at Minnesota statute 268.18 as any person who receives unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose any material fact, or who makes a false statement or representation without […]

Subpoenas for an Unemployment Appeal

In Minnesota, a person seeking unemployment benefits has the right to collect documents and seek testimony from others to support their eligibility for unemployment benefits.  To enforce these rights, a person should file a request for a subpoena. Under Minnesota law, a subpoena is a term meaning an ULJ compels the attendance of witnesses, the […]

Applicants & Employers

Unemployment Lawyer in Duluth MN

What Does an Unemployment Lawyer in Duluth MN Do? As an unemployment lawyer in Duluth MN, this law office helps  Applicants and Employers defend themselves when confronted with an unemployment appeal. Also, an unemployment lawyer in Duluth MN can help you find ways to prevent, reduce, and or or prepare for issues related to the unemployment system in Minnesota.  For […]

Minnesota Unemployment Laws

Minnesota Unemployment Laws

Minnesota unemployment laws are provided under Minnesota Chapter 268 and Minnesota Rules 3300-4370.  Even more importantly, Minnesota unemployment laws are re-defined through legal precedent. A legal precedent means a Court of Law reviewed or applied a rule based on a specific fact pattern.  In theory, when a specific fact pattern is duplicated, a legal precedent suggests that a […]

Recent Appeals…

Unemployment Appeal: Employee or Independent Contractor

Whether or not an applicant for unemployment is eligible depends if they are an employee or an independent contractor.  From an unemployment perspective, employers often try to classify workers as independent contractors to avoid paying unemployment insurance and taxes.  However, an employer’s misclassification can lead to numerous legal issues including but not limited to unemployment […]

Fired for Swearing At Boss

Under Linse v. Jacob Restaurant Group, Inc., the Minnesota Court of Appeal reviewed a claim for unemployment benefits. A Minnesota applicant for unemployment benefits filed an appeal after being denied unemployment for swearing /cursing at their boss. As stated by the Minnesota Court of Appeals, an employee fired for swearing at his  boss was not […]

Unemployment Appeal – Seasonal Employees

In a recent decision titled McNeilly v. Dept. of Employment, 778 N.W. 2d 707, a Seasonal Employee was laid off for lack of work and deemed ineligible for unemployment benefits.   Although this decision favored the employer, it is important to note that the employee involved in this decision was not actively seeking off-season work. Seasonal […]

MN Unemployment Laws:

Changes to Minnesota Unemployment Laws

Changes to Minnesota unemployment laws in 2013 in comparison to 2012 are limited. … [Read More]

Minnesota Law 268.095 – Unemployment Law

In Minnesota, statute 268.095 outlines when a worker in ineligible for unemployment … [Read More]

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