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After several weeks of not issuing any decisions, there was one decision today on unemployment benefits from the Minnesota Court of Appeals.  The case is noteworthy because the Relator was represented by an attorney, but fairly ordinary in that the Minnesota Court of Appeals affirmed the decision of the Unemployment Law Judge that the Relator had been terminated for misconduct.

Here is the summary:

A14-0288, Nancy Sager, Relator, vs. Fraser, Respondent, Department of Employment and Economic Development,
Respondent.


Relator Nancy Sager challenges the determination by an unemployment law judge (ULJ) that Sager is disqualified from receiving unemployment benefits because she committed employment misconduct by failing to provide medical documentation to support her continued leave of absence. Sager argues that (1) the ULJ’s factual findings
are not supported by substantial evidence in the record; (2) the ULJ erred by attributing to her the failure of her medical provider to complete and provide the medical forms; and (3) her failure in submitting the medical forms was not misconduct but was instead caused by inadvertence, her reasonable belief that it was not necessary, or a good faith error in judgment. 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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The Minnesota Supreme Court released one decision on attorney ethics and discipline this week.  Here is the summary:

A14-0211, In re Petition for Disciplinary Action against Jason William McGee, a Minnesota Attorney,Registration No. 387360

Attorney Jason William McGee committed professional misconduct warranting public discipline, namely, failing to timely file his 2008-2011 state income taxes, in violation of Minn. R. Prof. Conduct 8.4(d), being convicted of felony failure to pay income taxes, in violation of Minn. R. Prof. Conduct 8.4(b), failing to appear at court hearings in two matters, in violation of Minn. R. Prof. Conduct 1.3, 3.2, and 8.4(d), and failing to cooperate with the Director, in violation of Minn. R. Prof Conduct 8.1(b) and Rule 25, Rules on Lawyers Professional Responsibility (RLPR).

The parties entered into a stipulation that the appropriate discipline is suspension from the practice of law for a minimum of 1 year with the right to petition for reinstatement after 10 months.  The Minnesota Supreme Court ordered discipline accordingly.

Tim represents attorneys facing professional discipline, and consults with attorneys about whether a particular situation or proposed course of conduct implicates the Rules of Professional Conduct.  When faced with a situation that may implicate the Rules of Professional Conduct, Tim always recommends that an attorney seek an advisory opinion from the Office of Lawyers Professional Responsibility. 

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 was one opinion this week on attorney discipline from the Minnesota Supreme Court.  Here is the summary:

Al2-1101. In re Petition for Disciplinary Action against Lori Mae Michael, a Minnesota Attorney,Registration No. 312149.

Attorney Michael was reinstated to the practice of law on November 5, 2013, conditioned on providing proof to the Clerk of Appellate Courts that she had successfully taken and passed the professional responsibility portion of the Minnesota Bar Examination by September 18, 2014.  Michael did not provide such proof, and instead requested additional time to take the examination.

In today's decision, the Minnesota Supreme Court denied the request for additional time and indefinitely suspended Michael, saying:

IT IS HEREBY ORDERED that the motion of respondent Lori Mae Michael for additional time in which to provide proof of her successful completion of the professional responsibility portion of the state bar examination is denied. Respondent's conditional reinstatement is revoked, and she is indefinitely suspended, effective 10 days from the
date of the filing of this order. Respondent shall comply with Rule 26, RLPR (requiring notice of suspension to clients, opposing counsel, and tribunals). Respondent may apply for reinstatement under Rule 18(t), RLPR, by filing with the Clerk of Appellate Courts and the Director of the Office of Lawyers Professional Responsibility proof that she has successfully completed the professional responsibility portion of the state bar examination.

Tim represents attorneys facing professional discipline, and consults with attorneys about whether a particular situation or proposed course of conduct implicates the Rules of Professional Conduct.  When faced with a situation that may implicate the Rules of Professional Conduct, Tim always recommends that an attorney seek an advisory opinion from the Office of Lawyers Professional Responsibility. 

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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For the second week in a row, there were no opinions on unemployment benefits from the Minnesota Court of Appeals released this week.  This is unusual, because there is typically at least one opinion released each week.

 
 
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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 11/21/14 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-14175181349

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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There were no decisions on unemployment benefits issued by the Minnesota Court of Appeals on Monday, November 3, 2014.  This is unusual, because typically there is at least one decision on unemployment benefits, but not this week.  For this reason, there is nothing to summarize, and the weekly summary is taking a break.  I'll post next week's summary on or about Monday, November 10, 2014.  Thanks!