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do I need a lawyer to go to a unemployment hearing?

by JOEL
(Minnesota)

I had worked for a company 8 years my mother became ill I asked for different hours temp ( I even had a drs note saying she needed daytime help ect) went to my boss ,H r nothing. my boss even gave other co-workers evening hours. I heard about this job opening for another co applied was hired, when It came to starting they said due to the econmy they had to recind my position! tried to go back to prevois job but they filled my position too! applied for unemployment, gave them this whole senerio,copy of DR note,schedule showing how they scheduled other co-workers eve hours,my 2 week notice,the letter I recieved recinding my notice from the new employment, and a copy of my original app to this employment . they said I did not have good cause because they felt I di not leave for better employment! It was in fact way better because as i explained better hours, wages and commute! So now I have a appeal hearing july 2! should i hire a lawyer? Do I have a chance? What more should I bring to the hearing to prove my case?

Please help! Joel in Chanhassen


Hi Joel,

Sorry it's taken so long to get back to you .. I've been searching MN's award winning website .. the award is for how "user friendly" it is. Gave me a headache.

The decision of whether you need a need a lawyer is yours.

You are right that MN might allow unemployment if you quit for a better job and it falls through .. but the missing piece is "what do they consider a substantially better job.

MN "Close-up" This links to a poor guide to MN benefit eligibility.

I am actually having a hard time seeing the reason they decided to deny, but there wouldn't be any unemployment appeals if the initial determination was always correct ..

If the state is only looking at the point of quitting for a better job and disregarding the reasons you had to do this, such as scheduling, Dr. notes, etc. it's possible a hearing decision would not only reverse the decision, but modify it to a different statute.

An appeal should focus on the primary cause of the separation that will allow benefits.

The hearing officer will be interested in why you felt compelled to look for another job and the efforts you made prior to this to preserve the employment you quit.

I cannot stress enough the huge advantage some claimants have when their state is so kind as to provide a resource where they can read decisions about unemployment for different situations.

When this information isn't easily found or accessible you are missing the "ground rules" so to speak.

If anyone knows where Minnesotas unemployment decision digest is located .. let us know.

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