How do I appeal an unemployment insurance denial in Minnesota?
1. Agency. The Minnesota Department of Employment and Economic Development (DEED), Unemployment Insurance Division, administers UI under Minn. Stat. Chapter 268.
2. Common Disqualifications. Voluntary quit without a good reason caused by the employer (Minn. Stat. § 268.095, subd. 1), discharge for employment misconduct or aggravated misconduct (§ 268.095, subd. 4 & 6), refusal of suitable employment (§ 268.085, subd. 13c), not available for suitable employment (§ 268.085, subd. 1(4)), or receipt of severance.
3. Determination Notice. DEED issues a Determination of Eligibility through the UI Online portal stating the reason and appeal rights.
4. Appeal Deadline. 20 calendar days from the mailing/sending date of the determination (Minn. Stat. § 268.101, subd. 2(f)). Late appeals are barred unless they meet narrow good-cause exceptions.
5. Filing the Appeal. File through UI Online, by mail, fax, or by phone with a customer service representative.
6. First-Level Hearing. A DEED Unemployment Law Judge (ULJ) conducts a telephonic de novo evidentiary hearing (Minn. Stat. § 268.105, subd. 1). Both parties testify under oath, submit documents, and cross-examine.
7. Burden of Proof. The hearing is non-adversarial and preponderance-of-the-evidence; the ULJ must develop the record. Employer typically must show misconduct.
8. Decision. The ULJ issues a written decision typically within 21 days.
9. Second-Level Administrative Appeal. Request reconsideration by the same ULJ within 20 days (Minn. Stat. § 268.105, subd. 2). There is no separate Board of Review.
10. Judicial Review. File a petition for writ of certiorari with the Minnesota Court of Appeals within 30 days under Minn. Stat. § 268.105, subd. 7; review is on the substantial-evidence standard.
11. Continued Filing. Continue weekly certifications during the appeal to preserve back pay.
12. Overpayment. If you lose, DEED issues an overpayment determination; non-fault waiver is generally unavailable but fraud carries a 40% penalty plus interest (Minn. Stat. § 268.18).
This is legal information, not legal advice.
- DEED alleges fraud overpayment with 40% penalty
- Employer alleges aggravated employment misconduct
- Your separation overlaps with an MHRA discrimination claim
- Minn. Stat. § 268.095
- Minn. Stat. § 268.105
- Minn. Stat. § 268.18
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.