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Unemployment Benefit Appeals Overview
First Level: Telephone Evidentiary Hearing
- The first level of the appeal process (Tier 1) is an evidentiary hearing conducted by an Unemployment Law Judge (ULJ). This hearing is usually conducted over the telephone. The purpose of this hearing is for the ULJ to gather facts needed to make a determination of law as to your request for UI benefits. The ULJ may review documents submitted as evidence and take sworn testimony by asking questions of you, your former employer, and any witnesses with direct knowledge relating to the facts of the case. Testifiers may also be asked questions by the opposing party or have the opportunity to respond to what others have said.
- The telephone hearing is the most important stage of the appeals process. This is the only opportunity for you to present your facts and your evidence to the ULJ so that he/she may fully consider your side of the story. Proper case preparation, including determining legally relevant evidence, identifying key witnesses, and addressing likely questions for former employers is crucial to your success in the appeals process.
Second Level: Requests for Reconsideration
- After the ULJ has made a decision based upon the first level hearing, you have the right to file a request for reconsideration of that decision. Again, this appeal must be made in a timely fashion (within 20 days of the date of the decision).
Third Level: Appeal to the Minnesota Court of Appeals
- Upon the ULJ’s findings in the request for reconsideration, applicants may choose to continue their appeal by filing with the Minnesota Court of Appeals. This stage of the appeal process takes the case outside of the administrative hearing realm and moves the case to the judicial system.
If you have already applied for UI benefits, but have been told you are ineligible for any reason you must act quickly to exercise your rights to an appeal. An initial ineligibility determination by the state could mean that you will not receive the benefits that many depend upon to support themselves and their family while searching for a new job.
Time to file an appeal is limited so you must act quickly if you wish to appeal. Minnesota law requires that appeals must be filed within 20 calendar days after receiving an ineligibility determination. Appeals may be filed electronically through your online account, through mail or by fax. Instructions on how to appeal will be included in your eligibility determination. You should continue to file for benefits every week during the pendency of your appeal, as you can only be paid benefits for weeks in which you make a claim. Failure to file notice of appeal within this time will mean that the determination is final and you will not be eligible to collect benefits. Unemployment eligibility appeals follow a 3-step process.
The decision to appeal for unemployment benefits depends largely upon your individual situation and the reason for the ineligibility determination. While you are not required to have an attorney represent you through the appeals process, it is important to note that other parties to the appeal will likely have legal counsel. Contact Listug Law Office today to discuss whether an appeal is right for your case, and how we can assist you in preparing your case and ensuring your legal rights are protected through the unemployment appeals process.
Unemployment Benefit Appeals Process
Contact an Unemployment Appeals Lawyer
Contact Listug Law Office Today at 763-260-4015 for more information.
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The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Listug Law Office, P.L.L.C. and the user or browser.
