Unemployment Compensation Law

The law firm of MANSFIELD, TANICK & COHEN, P. A. represents individuals and organizations in unemployment compensation proceedings as part of its overall employment law practice. There are a growing number of unemployment compensation disputes these days, which are attributable to several factors:

• The large percentage of the working public is unemployed, hovering at about 10%, or higher;
• The new statutes, rules and regulations that make it more difficult to navigate through the unemployment compensation process;
• The sizeable amount of unemployment compensation that is paid in Minnesota, which has some of the highest pay scales in the country, topping out at $585 per week for high paid employees; and
• The time period of up to 78 weeks to which unemployment can be drawn.

All of these factors coalesce to make unemployment compensation proceedings more prevalent and contentious.

In addition, most unemployment compensation proceedings consisted of filings by employees seeking benefits after they have been laid off, terminated, or in some cases quit. The employer then has 20 days to respond. An initial adjudication is based upon the documents submitted by the parties, concerning an employee's eligibility for unemployment benefits. An adverse decision may be appealed by either an employee or an employer within 20 days, and a telephone hearing is then conducted an unemployment compensation judge. The proceeding is conducted somewhat like a court proceeding, although by telephone, with witnesses, documents, and other evidence.

The ULJ generally renders a ruling in writing, usually within 1-2 weeks of the hearing. Often, complicated hearings take multiple sessions, sometimes 2–3 proceedings.

Once a decision is rendered, the losing side may seek reconsideration by the ULJ, which rarely happens after reconsideration is denied. The losing party may next appeal to the Minnesota Court of Appeals and, thereafter, to the Minnesota Supreme Court, which hears very few unemployment compensation cases.

The number of cases heard is staggering. There are nearly 35,000 unemployment compensation telephone hearings conducted by ULJs in 2010, an increase of about 50% over the past few years. The Minnesota Court of Appeals also heard about more than 200 challenges of ULJ decisions last year, an increase which is about twice as many as generally have been heard in the past annually.

In addition to unemployment benefits, these proceedings can also be important for other reasons. The outcome can often times be a significant factor in settlement discussions or severance negotiations. While the law prohibits the use of unemployment compensation proceedings in litigation, the evidence that is gathered in the unemployment proceeding and, in some cases, testimony itself can be used in other proceedings for wrongful termination or similar matters.

Therefore, the stakes are huge in unemployment compensation proceedings and are getting larger all the time. The law firm of MANSFIELD, TANICK & COHEN, P. A. responds to these challenges by providing a variety of full scale legal services of unemployment compensation proceedings. The attorneys involved in these cases involve the following:

• Marshall H. Tanick, a Senior Partner at MANSFIELD, TANICK & COHEN has practiced law for more than 35 years and represents employees and employers in a variety of work-related matters. He has written and lectured extensively on unemployment compensation matters, a few of his articles are linked. He can be reached at 800-401-6194 ext. 216.
• Teresa J. Ayling, a Partner at the law firm of MANSFIELD, TANICK & COHEN, who represents a number of employees in unemployment compensation proceedings and other claims. Many of her clients are licensed professionals, such as medical personnel and nurses, where she draws on her background as a Registered Nurse before becoming a lawyer. She can be reached at 800-401-6194 ext. 214.
• Philip J. Trobaugh, a Partner at the law firm of MANSFIELD, TANICK & COHEN who represents employees with a variety of work-related matters, including unemployment compensation proceedings. Many of the proceedings in which he was involved also overlap with wrongful termination and discrimination cases. He can be reached at 800-401-6194 ext. 215.
• Brian Niemczyk, an Associate attorney at the firm, he handles a number of employment-related matters, including matters involving public sector employees. He can be reached at 800-401-6194 ext. 269.

Please contact them or others at the law firm at 800-401-6194 for assistance in dealing with unemployment compensation matters.