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Employer did not contest claim for unemployment, but can they still appeal? Minnesota

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  • Employer did not contest claim for unemployment, but can they still appeal? Minnesota

    I recently applied for unemployment benefits and was awarded them by the state. My previous employer had the standard amount of time to respond to the original claim (I think it's 2 weeks or so), but apparently they decided not to contest it.

    My question is this: Even though they didn't originally contest the claim, can they still appeal the decision, which was made in my favor?

    Thanks

    Max

  • #2
    They CAN. Whether or not the state would accept it would depend on factors not available to us.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      In my experience, just because they did not respond to the original notification that you filed, does not mean they can't appeal once the decision has been made to grant benefits. At the time, your benefits were granted provisionally.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        Thank you both for the prompt responses.

        Based on the conclusion in the "Determination of Eligibility" I received and conversations I've had with the DOEED over the past few weeks, it would be nearly impossible that they would ever find in favor of the employer. Still, it would be a major inconvenience and hindrance to my job search if suddenly I did need to mount a defense.

        Actually, I already had to wait 2 weeks, in addition to the waiting week, to start receiving benefits in the first place. Does that mean the previous employer already contested, or would I have been notified of it? There is no mention of contesting or appealing anywhere in my UI account notes, but there was a hold on it while the determination was being made. All "pending" issues have since been "voided."

        Also, it simply seems unusually generous that an employer would effectively have almost two months to contest a UI decision, which, as of the final appeal date listed, is what the company will have had. EDIT: That is, since individuals only have a little over two weeks to appeal.

        Originally posted by cbg View Post
        They CAN. Whether or not the state would accept it would depend on factors not available to us.
        Last edited by mhk333; 06-23-2008, 08:32 PM.

        Comment


        • #5
          They can't appeal until the decision has been made. Merely responding to the first notice that you had filed is not something that can be appealed. That notice only gives the employer the opportunity to give some of "their side of the story". Often, employers don't return that form if the information the state reports that YOU have provided doesn't need correction.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Appeal

            Once the Determination of Eligibility has been mailed to you and the employer, both parties have 20 days from the determination date to file an appeal otherwise the determination becomes final. If you look up Minnesota Statutes 268.105 and also statutes 268.101 Subdivision 2F they both clearly state that a determination will become final unless an appeal is filed within 20 calandar days from the mailing of the determination of eligibility.

            Matter of fact, the unemployment Law judge has no legal authority to hear and consider the appeal if appealed after the 20 days. And the Minnesota Supreme Court has held that statutory time period for appeal is absolute, regardless of any asserted mitigating circumstances.

            I hope I have been of help to someone.

            Comment

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