Unemployment in MN?

[HelpinMN]

What is the name of your state (only U.S. law)? MN

Is there a specific amount of time that I have to work at a job to get unemployment? Basically I moved up to MN from AZ to take a job as a 100% commission financial rep. After about 6 months I wasn't making anything so I took a position at a bank as a banker. They fired me after 2.5 months (it really wasn't working out anyway), am I eligible for unemployment? I have never filed a claim before so I have no idea how the system works? I was paying into the AZ system for several years before I came to MN if that makes a difference.

 

[Hot Topic]

You could be eligible. The best thing to do is contact the unemployment office nearest you in Minnesota. They will want to know why you were fired.

 

[cbg]

Strictly speaking, you have not paid into the UI system at all. In 47 out of 50 states, including both AZ and MN, UI is 100% employER paid.

 

[HelpinMN]

re

^^ I did not know that I thought that it was part of my state taxes sort of like how we pay into ss.

 

[cbg]

Nope, not at all. In all but three states, the employer pays 100% of the UI costs; in the three remaining states, the cost is split between employer and employee, and appears as a separate line item on their pay stub.

 

[HelpinMN]

re

hmm I guess thats good to know, does the employer have any say as to if you get it or not. Basically the official reason I was fired was attendance, I was sick one day and got into a car accident another. The other reason was performance, they said that I wasn't producing enough. Even though if I was hired fresh into banking I wouldn't even have been fully trained at this point whereas I had experience so I started producing immediately (basically I would have made my quarterly goal).

IMO the real reason I was fired was because I challenged my manager a little about things she told me in the interview that were not true. I was told that they would transfer my securities licenses and I would be paid for my investment production and that my banking bonuses would be "similar to what I saw at my other bank". When I got into the position they would not transfer my licenses (but still expected me to produce investments and not get paid on them) and my banking bonuses were nowhere near (if I became the top producer in the district I would make about 1/5 of what the average banker made at my other bank).

So my question would be can my old employer fight me and say that I was a terrible employee or something?



Also I don't mean to come here and just dump on my ex employer I am viewing this whole experience as a good thing because its forcing me to leave sales, which I should have done years ago, and go back to school for conservation.

 

[swalsh411]

Your employer can contest your unemployment benefits and submit testimony and evidence as to why you should be disqualified. Their story will be weighed against your story and the examiner will determine who is more credible.

Attendance issues can be tricky. If the employer can show that they followed their established attendance policies (assuming they have one) and that you were warned about attendance problems but did not remedy them, then this can be considered misconduct. On the other hand, if they don't have an attendance policy, or it was not followed, and you can show that their decision to fire you was arbitrary, then that will go in your favor.

Either way, the burden of proof is always on the employer to show misconduct.

 

[cbg]

However, under no circumstances does the employer get to decide if you get UI benefits or not. You have the uncontested right to file; the employer has the uncontested right to contest; either party has the uncontested right to appeal if the decision goes against them.

But the state, and only the state, gets to decide who does and does not get benefits.

 

[pattytx]

Seems there is a contest here.

 

[HelpinMN]

re

I do not know exactly what the attendance policy was but not a word was said to me when I called in sick (first time in almost 3 years) and nothing was said to me after my second one in which I hit a deer the night before on my way home. I commute 65 miles each way so not much I could do.

I appreciate all of the input I am going to contact the unemployment office on Monday and see what they say. I feel fortunate that I have enough savings that I wont have to worry about money for at least a couple years but I would rather not exhaust that. My wife is one year away from getting her degree (second one, never go into teaching) and there are dozens of postings in her field in our area so we are hopeful.