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There were two unpublished decisions on unemployment benefits from the Minnesota Court of Appeals this week.  Both cases involve employment misconduct, and show the importance of presenting a strong case at the evidentiary hearing.  Both cases were affirmed.

A13-2222  Pamela L. Ott, Relator, vs. Timberland Partners Management Co. (Corp), Respondent, Department of Employment and Economic Development, Respondent.

Summary:  Relator challenges an unemployment-law judge’s decision that she is ineligible for unemployment benefits because she was discharged for employment misconduct -- intentionally submitting a false report on the status of vacant rental units.  Relator argued that the misconduct in question was a single behavioral incident, which is an "important factor" to consider in determining whether particular conduct rises to the level of employment misconduct.  The Appeals Court concluded that conduct in question was misconduct, because submitting the false report was both deceitful and intentional. We affirm.

A13-2046  Nimco Osman, Relator, vs. Supershuttle International, Inc., Respondent, Department of Employment and Economic Development, Respondent.

Summary:  In this certiorari appeal from the decision of an unemployment-law judge (ULJ) that relator is ineligible for unemployment benefits because she was discharged for employment misconduct -- displaying a pattern of abusive behavior and acting belligerently during a meeting resulting in her termination.  In addition, relator argues that (1) she did not commit employment misconduct; (2) she was denied a fair hearing because the ULJ did not contact her witnesses and permitted the testimony of the employer’s third witness; and (3) the employer’s witnesses lied.  The Appeals Court 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. 


 
 
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There were two unpublished decisions on unemployment benefits from the Minnesota Court of Appeals this week.  The first decision is noteworthy because it was reversed.  The second decision is noteworthy because it does not involve employment misconduct.  Both decisions were released on August 18, 2014.  Curiously, for the case that was reversed, the relator was represented by an attorney.  Having an attorney on your side can make all the difference, although I am not sure that an attorney could have changed the outcome of the second case.

A13-2342, Frederick Wright, Relator, vs. Atterro, Inc., Respondent, Department of Employment and Economic Development, Respondent.


Summary: Relator challenges the decision of an unemployment-law judge (ULJ) that he is ineligible to receive unemployment benefits, resulting in an overpayment of benefits in the amount of $2,304.  During the evidentiary hearing, relator's cell-phone died, and relator was disconnected.  Nevertheless, the ULJ continued to question the employer after relator was disconnected.  As such, relator did not have the opportunity to cross-examine the employer.  Because the ULJ’s determination that relator quit his employment due to management concerns is not supported by the evidence in the record, we reverse.

A13-2348, Jennie Rasmussen, Relator, vs. Department of Employment and Economic Development, Respondent.

Summary: We affirm the determination of the unemployment-law judge (ULJ) that relator is barred from withdrawing her benefit account and establishing a new one because such withdrawal is prohibited by Minn. Stat. § 268.07, subd. 3b(c) (2012), which prohibits withdrawing a benefit account once unemployment benefits have been paid on that account.

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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Tim is teaching a seminar called "Bankruptcy 101: Everything You Need to Know About Bankruptcy"  The seminar will be held on Friday 9/5/14 from noon - 1:00 p.m. at Tim's office, 2140-4th Avenue, Anoka MN 55303.

Space is limited, so advance registration is required.  For more information and to register, please visit:

https://www.eventbrite.com/e/bankruptcy-101-everything-you-need-to-know-about-bankruptcy-tickets-12695828565

Here is the official description:

This seminar covers the basics of bankruptcy for consumers and small business, including the differences between Chapter 7 and Chapter 13, exemptions and ways to keep non-exempt property, and what to expect at the Meeting of Creditors and other bankruptcy-related court hearings.  Intended for consumer and small business debtors, as well as attorneys who do not handle bankruptcy cases, this seminar will introduce you to bankruptcy.

ATTORNEYS: One standard CLE credit has been applied for.

WARNING: Tim is a debt-relief agent, and his office is a debt-relief agency.  Tim helps people like you to file for bankruptcy relief.

 
 
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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

 
 
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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. 




 
 
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This week there were three unemployment unpublished decisions from the Minnesota Court of Appeals. Two relators challenge the ULJ’s decision that they are ineligible for unemployment benefits because they committed employment misconduct and the third relator cites several reasons for challenging the ULJ’s decision that he is ineligible for unemployment benefits. All three were affirmed.

1.  A13-2026   James Richarson, Jr., Relator, vs. Alamco Wood Products LLC, Respondent, Department of Employment and Economic Development, Respondent.

Summary: Relator James Richardson Jr. challenges the unemployment-law judge’s decision that he is ineligible for unemployment benefits because he committed employment misconduct. Because the unemployment-law judge’s findings are supported by substantial evidence, and because Richardson’s violation of the no-smoking policy is employment misconduct, we affirm.

2.  A13-2370  Steve Morris Smith, Relator, vs. Family Life Mental Health Center, Respondent, Department of Employment and Economic Development, Respondent.

Summary:  On appeal from the determination of an unemployment-law judge (ULJ) that he is ineligible for unemployment benefits because he was discharged for employment misconduct, appellant argues that the ULJ: (1) erred by determining that he is ineligible for unemployment benefits; and (2) abused his discretion by denying his request for an additional evidentiary hearing. We affirm.

3.  A13-2347  Brian Freed, Relator, vs. Wholesale Tire & Wheel of MN, Inc., Respondent, Department of Employment and Economic Development, Respondent.

 Summary: Relator Brian Freed challenges the determination of the unemployment-law judge (ULJ) that he is ineligible for unemployment benefits, arguing that (1) he made a good-faith error in judgment; (2) his conduct was that of a reasonable average employee; (3) respondent-employer lied during his testimony at the evidentiary hearing; and (4) respondent-employer engaged in employer retaliation. 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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Tim is teaching a special seminar for landlords on how to handle evictions, security deposits, tenant property left behind when a tenant moves out, and landlord-tenant law.  The seminar will be held on Friday 8/22/2014 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 the legal aspects of the landlord-tenant relationship from the landlord's perspective, including how to handle evictions, security deposits, and tenant property remaining in the premises after the tenant moves out.  This seminar is geared for landlords, property managers, and attorneys who represent them.

ATTORNEYS: This seminar has been approved for one standard CLE credit.  The event code is 194884.

Space is limited, so advance registration is required.  For more information and to register, visit https://www.eventbrite.com/e/brown-bag-seminar-evictions-security-deposits-and-landlord-tenant-law-tickets-12490921683.

 
 
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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