As discussed in other postings, a Minnesota Unemployment Phone Appeal Hearing falls under Level I of a three level unemployment appeal process. A unemployment phone appeal hearing is a telephone hearing conducted by an impartial judge employed by the Minnesota Unemployment Insurance (UI) Program. These hearings deal only with unemployment insurance, benefits, and eligibility issues.
What Happens at these Hearings?
The judge takes sworn testimony and makes sure all parties are granted their due process. The judge allows the submission of certain exhibits, testimony from witnesses, and testimony from an employee and their employer. These proceedings are recorded. The judge will: (1) control the hearing so it is orderly and fair; (2) ask questions to get all the facts needed to make the correct decision of law; (3) explain the issues; and (4) decide which testimony and evidence will be part of the record.
Unemployment: 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 employees should approach a lay-off with caution. Many unemployed persons never foresee being unemployed. For this reason, please consider the following strategy if laid off as a seasonable employee. Always remain calm. If you are laid off for lack of work, do not create conflict by becoming angry. Next, ask if there is anything you can do to remain employed. If you are offered a different position, accept the job offer unless your rate of pay is reduced by less than 65%. If you are not offered a different position, do not offer a resignation even if pressured by your employer. If presented with a separation agreement or asked to take a
Additional resources provided by the author
The Minnesota Unemployment Insurance Program is administered by the Minnesota Department of Employment and Economic Development, a state agency.
The purpose of unemployment benefits is to provide a temporary partial wage replacement to help those unemployed through no fault of their own to become reemployed. The law on unemployment insurance is set out in Minnesota Statutes, section 268.029 to section 268.23. The sections on benefits are 268.068 to 268.192, and 268.035.
Benefits are paid from the Minnesota Unemployment Insurance Trust Fund. The fund is supported solely by a special tax on employers. No deductions for unemployment insurance are taken from employees’ paychecks.