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The Minnesota Unemployment Insurance Law provides an opportunity for a fair and impartial hearing to any party who disagrees with a determination issued by the Minnesota Unemployment Insurance (UI) Program related to a benefit account, job separation, eligibility or various employer account related issues. For an explanation of how the appeal process works and for contact information, read the Appeal
Hearing Guide  .
Appeals must be filed electronically, by mail, or fax within the timeframe specified on the determination or correspondence to be appealed. Instructions for filing an appeal are printed on all applicant and employer determinations.
An appeal submitted online or by fax is not considered filed until the department actually receives it. Once the appeal has been filed an administrative hearing will be scheduled. The Appeal Hearing Guide will be mailed to the parties with the notice of the hearing. It is important for you to participate in this hearing. If the determination involved another party, that party also may attend.
- FIRST LEVEL HEARING: The hearing
will be scheduled with an unemployment law judge. The hearing will
normally be done by telephone. Under unusual circumstances a case will be
heard in person. The written record will be reviewed and parties may provide additional testimony. The judge will then issue a written decision, either agreeing with, or changing the original decision. It is important for you to continue requesting benefit payments every week or two weeks during the appeal process so that if the appeal decision goes in your favor, you will be paid for
weeks that you have requested, provided all the other
eligibility requirements are met. If the appealing party fails to participate in the evidentiary hearing, the unemployment law judge may summarily dismiss the appeal.
- REQUEST FOR RECONSIDERATION: Any decision handed down
by the unemployment law judge may be reviewed by the same unemployment
law judge that issued the decision if a request for reconsideration
is filed within 20 calendar days of the sending of the unemployment
law judge's decision by any involved applicant, involved
employer or the commissioner. First level appeal decisions explain how to request a reconsideration. If a request for reconsideration
is filed timely , the unemployment law judge shall issue an order
(1) modifying the findings of fact and decision; (2) setting aside
the findings of fact and decision and direct that an additional
evidentiary hearing be conducted and (3) affirming the findings
of fact and decision. Again, it is important to
make continued requests for benefits every week or two weeks
while the request for reconsideration is pending, (if you remain
unemployed)
as you can only be paid for weeks that have been
properly requested.
- COURT OF APPEALS HEARING: Any
reconsidered decision by the Unemployment Law
Judge may be taken to the Minnesota Court of
Appeals. Instructions for persons wishing to appeal a reconsidered decision is available at www.mncourts.gov, click on the Clerk of Appellate Courts link located on the left navigation bar, then scroll down to Unemployment Appeals. Again, you must make continued
requests for benefits while awaiting a final decision if you are
still unemployed.
Further reading:
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