There was only one decision this week on unemployment benefits from the Minnesota Court of Appeals. The decision stands for the proposition that an applicant commits unemployment misconduct by punching another employee in the head and causing that employee to have a concussion. Still, the decision was remanded in part for specific findings on whether the conduct in question constituted aggravated misconduct. Without further ado, here is the summary:
A16-0050: Debra Barrett, Relator, vs. Jourdain/Perpich Extended Care Facility, Inc., Respondent, Department of Employment and Economic Development, Respondent.
In this unemployment-compensation appeal, relator challenges a determination by an unemployment-law judge (ULJ) on reconsideration that relator is ineligible for unemployment benefits because she was discharged from her employment for employment misconduct. The misconduct in question was punching another employee in the head and causing that employee to have a concussion.
The Court of Appeals upheld the determination by the unemployment law judge that the conduct in question was employment misconduct, but rain remanded the case back to the Department of Employment and Economic Development for a determination by the unemployment law judge whether the misconduct was aggravated and could be a crime under Minnesota law.
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.
I am often asked what is different about a manufactured home eviction in comparison to a regular eviction from residential property. Typically, the resident of the manufactured home park owns the manufactured home in which they live, but leases the land – commonly called a lot – occupied by the manufactured home. The short answer is that the process is largely the same, but there are some specific requirements – and only limited reasons – why a tenant can be evicted from a manufactured home.
Evictions from a manufactured home park are governed by Minn. Stat. Ch. 504B and Minn. Stat. Ch. 327C .320 7C .09 list the only reasons why a resident of a manufactured home park can be evicted:
1. Nonpayment of rent or utilities;
2. Violations of law;
3. Rule violations;
4. Endangering or substantially unknowing other residents;
5. Repeated serious violations of lease or ordinance or state law/rule;
6. Material misstatement in application; and
7. Specific improvement that the park owner plans to make that necessitate the eviction of the resident.
Most of these reasons why a resident of a manufactured home can be evicted require the landlord to provide some sort of notice and opportunity to correct the violation. For example, if a landlord wants to bring an eviction action based on nonpayment of rent or utilities, the landlord has to provide the resident of the manufactured home park with a 10-day notice, and give the resident 10 days to correct the nonpayment before the landlord can bring an eviction. For other violations, the landlord typically has to give a 30 day advance notice before bringing an eviction, but the amount of time in the landlord's rights and responsibilities vary.
For all of these reasons, the landlord should consult with an attorney who focuses on evictions, landlord-tenant law, and manufactured homes before taking any action. To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. I have represented many landlords, but typically do not represent tenants.
WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. 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.
I am often asked whether a person needs a trust. The short answer is that most people do not need a trust, but there are certain situations where a trust is a good idea. In other words, you probably do not need a trust unless there is a good reason for you to have a trust.
A few definitions are in order. There are two kinds of trusts: a living trust, which is created during the lifetime of the settlor (the person who creates the trust) through a separate trust document and a testamentary or after-death trust, which is created through the testator's Will.
After the trust is created, the settlor funds the trust by transferring assets and property from the settlor to the trust. The person who manages the trust is called the trustee. The trustee is responsible for administering the property in the trust in accordance with the settlor's wishes. A living trust can be revocable or irrevocable. In other words, the settlor can revoke or cancel the trust during the settlor's lifetime. If the settlor revokes the trust, the property in the trust goes back to the settlor.
That said, a trust is not an appropriate estate planning vehicle for most people. Unless you have excessive wealth, unique property (I am thinking of Prince's music – both released and unreleased), or a special situation, I trust is probably not appropriate for you and will needlessly complicate your estate plan. However, a trust may be appropriate if you have minor children, have minor or adult children with diminished capacity who cannot handle their own financial affairs, have a lot of property that you want to give to charity, need to reduce your taxable estate, or want to fund your estate with life insurance.
There are other reasons to have a trust, and the best way to determine if a trust is right for you is to meet with an estate planning attorney. However, for most people, an estate plan consisting of a will, a health care directive, and a power of attorney is more appropriate than a trust.
The best way to determine what is right for you is to meet with an estate planning attorney. To that end, I invite you to give me a call at 763-450-9494 to discuss your specific situation. Everybody who calls gets a free 5 minute mini telephone consultation. An in person meeting is $250, and that amount is credited to your account when you retained me to represent you in drafting your Will, healthcare advance directive, power of attorney, and other estate planning documents.
WARNING: The information contained in this article does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in the state and federal courts of Minnesota, and the advice that he gives is applicable to that jurisdiction only. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. 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.
Tim is teaching a seminar on bankruptcy basics. The seminar will be held on Wednesday, August 24, 2016 at 9 AM at Tim's office, 2140 – 4th Ave., North, Anoka, MN 55303. The seminar is scheduled to last for one hour.
Here is the description of the seminar:
This seminar covers the basics of bankruptcy for consumer and small business debtors, 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.
For more information or to register, please visit:https://www.eventbrite.com/e/bankruptcy-basics-everything-you-need-to-know-about-bankruptcy-tickets-27031482893