"Unemployment Appeal Packet" - Minnesota

Unemployment Appeal Packet is a legal document that was released by the Minnesota Court of Appeals - a government authority operating within Minnesota.

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  • Released on September 5, 2018;
  • The latest edition currently provided by the Minnesota Court of Appeals;
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Filing an Unemployment Appeal
at the Minnesota Court of Appeals
This packet is provided as a general guide to the process of appealing from a final decision by an
Unemployment Law Judge (ULJ) about a claim for unemployment benefits. The final decision
that you can appeal is a ruling on a request for reconsideration.
These instructions explain the steps to start an appeal and answer common questions, but are not
a full guide to the law.
Please read this entire packet carefully. If you do not understand any of the steps or do not know
if these forms are right for your situation, you should speak with an attorney for legal advice. Court
employees are able to give general information about court rules and procedures, but they cannot
give legal advice.
This packet includes:
• Step-by-Step Instructions for Filing an Unemployment Appeal
• Form: Petition for Writ of Certiorari
• Form: Statement of the Case
• Form: Writ of Certiorari
• Form: Certificate of Service by Mail of the Petition, Unsigned Writ,
Statement of the Case, and Unemployment Law Judge’s Decision
• Form: Certificate of Service by Mail of the Issued Writ of Certiorari
• Form: Certificate of Service by Mail of Brief
For Additional Assistance:
Additional helpful materials, including example briefs, can be found on the Minnesota State Law
Library website (https://mn.gov/law-library/).
The State Law Library also hosts an Unemployment Appeal Legal Advice Clinic
(https://mn.gov/law-library/services/clinics/unemploymentclinic.jsp), where you can get free legal
advice about your case from a volunteer attorney or get help filling out forms. To sign up for the
Unemployment Appeal Legal Advice Clinic, call (651) 297-7651.
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Filing an Unemployment Appeal
at the Minnesota Court of Appeals
This packet is provided as a general guide to the process of appealing from a final decision by an
Unemployment Law Judge (ULJ) about a claim for unemployment benefits. The final decision
that you can appeal is a ruling on a request for reconsideration.
These instructions explain the steps to start an appeal and answer common questions, but are not
a full guide to the law.
Please read this entire packet carefully. If you do not understand any of the steps or do not know
if these forms are right for your situation, you should speak with an attorney for legal advice. Court
employees are able to give general information about court rules and procedures, but they cannot
give legal advice.
This packet includes:
• Step-by-Step Instructions for Filing an Unemployment Appeal
• Form: Petition for Writ of Certiorari
• Form: Statement of the Case
• Form: Writ of Certiorari
• Form: Certificate of Service by Mail of the Petition, Unsigned Writ,
Statement of the Case, and Unemployment Law Judge’s Decision
• Form: Certificate of Service by Mail of the Issued Writ of Certiorari
• Form: Certificate of Service by Mail of Brief
For Additional Assistance:
Additional helpful materials, including example briefs, can be found on the Minnesota State Law
Library website (https://mn.gov/law-library/).
The State Law Library also hosts an Unemployment Appeal Legal Advice Clinic
(https://mn.gov/law-library/services/clinics/unemploymentclinic.jsp), where you can get free legal
advice about your case from a volunteer attorney or get help filling out forms. To sign up for the
Unemployment Appeal Legal Advice Clinic, call (651) 297-7651.
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Important Information about Unemployment Appeals
Request Reconsideration Before You File Your Appeal
Before you appeal to the Court of Appeals, you must request reconsideration of the ULJ’s initial
decision before the deadline for that request, and receive the ULJ’s ruling on your request for
reconsideration. The ULJ’s initial decision included instructions for requesting reconsideration.
The ULJ’s ruling on a request for reconsideration is the final decision that you can appeal to the
Court of Appeals.
Court of Appeals Opinions are Available to the Public
Once your appeal is decided, the Court of Appeals will issue a written decision, called an
“opinion,” which will describe your case and the reasons for the court’s decision. The opinion
will be available to the public on the Minnesota Judicial Branch’s website. After an opinion
is filed, it cannot be removed from the Internet. This means that anyone who searches for your
name on the Internet may be able to find and read the opinion, which will include information
about the reason you were fired.
Laws that Apply to your Appeal
Your appeal is governed by the
Minnesota Rules of Civil Appellate
Procedure, the
Special Rules
of Practice for the Minnesota Court of
Appeals, and the Minnesota Statutes.
Minnesota Statute
section 268.105
applies specifically to unemployment benefits appeals.
This packet includes simplified instructions, but you should read the rules and statutes yourself for
more information. If you are representing yourself, you are responsible for researching court
rules, case law, and statutes that govern your case.
You can find the rules, case law, and statutes at the Minnesota State Law Library (Room G25,
Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155, or call
651-297-7651), and at public libraries. You can also find the rules at the Minnesota Judicial
Branch’s website: http://www.mncourts.gov/About-The-Courts/SupremeCourt/CourtRules.aspx.
Filing Fees
An applicant appealing the denial of unemployment benefits does not have to pay a filing fee.
Minn. Stat. § 268.105, subds. 6(b),
7(c).
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Step-by-Step Instructions
for Filing an Unemployment Appeal
Step 1: Calculate Your Appeal Deadline
If you received your ruling on the request for reconsideration by email from the Department of
Employment and Economic Development (DEED), you have 30 days to file your appeal, from
the date the email was sent.
If you received your ruling on the request for reconsideration in the mail from DEED, you
have 33 days to file from the date it was mailed to you.
General Instructions for Calculating Court of Appeals Deadlines
• Do not count the day of the event that starts the time period (for example, the date
the ULJ’s decision was mailed to you). Instead, start counting the next day.
• Continue counting calendar days. Do not skip weekends or legal holidays.
• If the last day of the period falls on a Saturday, Sunday, or legal holiday, then the
deadline is the next business day. For the purpose of calculating deadlines, legal
holidays for the appellate courts are:
o New Year’s Day (January 1);
o Martin Luther King, Jr.’s birthday (the third Monday in January);
o Presidents’ Day (the third Monday in February);
o Memorial Day (the last Monday in May);
o Independence Day (July 4);
o Labor Day (the first Monday in September);
o Columbus Day (the second Monday in October), even though the appellate
courts are open on Columbus Day;
o Veterans’ Day (November 11);
o Thanksgiving Day (the fourth Thursday in November);
o The Friday after Thanksgiving; and
o Christmas Day (December 25).
The deadline for starting my appeal is ______________________________.
Note: The Court of Appeals cannot extend the deadline for appeal. Before the deadline you
calculate in this step, the Petition for Writ of Certiorari must be filed with the Clerk of the
Appellate Courts and served on all respondents (steps 2-5 provide instructions for filing and
serving documents). If you do not file and serve the Petition for Writ of Certiorari by the
deadline, your appeal will be dismissed.
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Step 2: Fill out the Petition for Writ of Certiorari,
Statement of the Case, and Writ of Certiorari
Fill out the Petition for Writ of Certiorari, which tells the court that you want to appeal.
Fill out the Statement of the Case, which should briefly summarize the reasons you think the
ULJ’s decision was incorrect. You do not need to make detailed arguments in the Statement
of the Case, because you will make detailed arguments later in your Brief. Do not attach any
additional documents to your Statement of the Case.
Fill out the Writ of Certiorari, which notifies the respondents that you have filed your appeal
and orders the respondents to provide certain records. The Clerk of the Appellate Courts will
sign the Writ of Certiorari after you file it and will return it to you (see step 7 for more
information about the signed Writ of Certiorari).
The party who files the appeal is called the “relator.”
The other parties are called the
“respondents.” In an unemployment appeal, the respondents include:
(1) the Minnesota Department of Employment and Economic Development (DEED), and
(2) the employer(s), if any.
Fill in all of the blanks on the forms. If you do not fill out all of the blanks, the Clerk of the
Appellate Courts may have to return the forms to you, and it may cause you to miss your deadline
to appeal.
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Step 3: File the Petition for Writ of Certiorari,
Statement of the Case, and Writ of Certiorari
“Filing” means submitting or delivering documents to the Office of the Clerk of the Appellate
Courts. Filing the Petition for Writ of Certiorari starts your appeal at the Court of Appeals.
Choose your method of filing (see instructions below).
General Instructions for “Filing”
Parties without an attorney may file documents by any of the following three methods:
(1) By hand-delivering them to the Clerk of the Appellate Courts during business hours
(8:00 a.m. to 4:30 p.m. weekdays),
(2) By mailing the documents to the Clerk of the Appellate Courts, addressed to:
Clerk of the Appellate Courts
305 Minnesota Judicial Center
25 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155
For filing by postal mail, a document will be considered filed “on time” if it is
deposited in the U.S. Mail by the deadline with correct postage and the correct
address, even though the Clerk of the Appellate Courts will not receive the
document on the day you deposit it in the mail.
(3) By submitting them electronically through the appellate courts’ e-filing system, E-
MACS. Parties who do not have an attorney are not required to use E-MACS, but they
are allowed to do so. But, once you choose to file in E-MACS, you must continue
using it for filing. You may not go back to filing by hand-delivery or mail. (Note: All
attorneys are required to use E-MACS and cannot file documents by mail or by
hand-delivery to the Clerk of the Appellate Courts.)
For information about electronic filing and to submit documents electronically,
go to the Clerk of the Appellate Courts’ webpage
(www.mncourts.gov/Clerk-of-
Appellate-Courts.aspx#tab05AppellateeFiling). Filing by facsimile (fax) is not allowed.
For additional instructions on filing, see
Minn. R. Civ. App. P.
125.01.
If you are filing your documents by hand-delivery or by mail, make four copies of each of
the following documents: (1) Petition for Writ of Certiorari, (2) Statement of the Case, (3)
Writ of Certiorari, and (4) Ruling on Request for Reconsideration from the ULJ.
Keep one copy of each document for your records and file the original of each with the Clerk
of the Appellate Courts.
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