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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1738
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I have two questions regarding unemployment in Minnesota: (1)

Resolved Question:

I have two questions regarding unemployment in Minnesota: (1) I am partially disabled but working 22 hours/week in my current job. Does this disqualify me from collecting unemployment? (2) The county mental health agency I've been working with is in the process of privatizing services with a private mental health agency. Although the agency's Proposal has not yet been accepted formally, I think the writing is on the wall. Am I considered laid off when the employer switches from the County to the Private Agency? If the Private Agency offers me a job and the terms are "unreasonable," e.g., salary, hours, etc., will I be disqualified for unemployment if I don't take it? If the Private Agency requires us to apply for our own jobs, will I be disqualified for Unemployment if I refuse to do so? What constitutes a "reasonable" job offer for Unemployment Purposes? Thank you so much!
Submitted: 8 months ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 8 months ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

In response to your questions 1) Working party time does not disqualify you from receiving unemployment. Your benefits are determined by the 12 month base period prior to you loosing your job through no fault of your own. Your weekly benefit amount will be about 50 percent of your average weekly wage up to a maximum of $610. The only affect your part time employment will have will be in determining the amount you are paid. That being said, when you apply, you need to show that you are ready, willing, and able to work. Thus, you must be willing to look for full time employment. So, if you claim that you are disabled and unable to work, while you may be able to receive disability, you would likely not be able to receive unemployment. Accordingly, you must be ready, willing, and able to work to receive unemployment. As fora potential job offer, suitable employment is defined pursuant to MN statutes. It's a flexible term and it takes into account the applications education, training, experience, etc., as well as the total compensation offered (such as hours, wage rate, and fringe benefits). Other factors can include the job market and the employee's prospects in seeking a job, as well as the length of unemployment. In fact, the relevant statute specifies that what might not constitute suitable employment early in the unemployment process may constitute suitable employment later (suggesting that people drawing benefits may be expected to increase in flexibility as the period of unemployment grows longer).

Brandon, Esq. :

The statute states:

Brandon, Esq. :

Subd. 23a.Suitable employment.
https://www.revisor.mn.gov/statutes/?id=268.035#stat.268.035.23a


(a) Suitable employment means employment in the applicant's labor market area that is reasonably related to the applicant's qualifications. In determining whether any employment is suitable for an applicant, the degree of risk involved to the health and safety, physical fitness, prior training, experience, length of unemployment, prospects for securing employment in the applicant's customary occupation, and the distance of the employment from the applicant's residence is considered.


(b) In determining what is suitable employment, primary consideration is given to the temporary or permanent nature of the applicant's separation from employment and whether the applicant has favorable prospects of finding employment in the applicant's usual or customary occupation at the applicant's past wage level within a reasonable period of time.


If prospects are unfavorable, employment at lower skill or wage levels is suitable if the applicant is reasonably suited for the employment considering the applicant's education, training, work experience, and current physical and mental ability.


The total compensation must be considered, including the wage rate, hours of employment, method of payment, overtime practices, bonuses, incentive payments, and fringe benefits.


(c) When potential employment is at a rate of pay lower than the applicant's former rate, consideration must be given to the length of the applicant's unemployment and the proportion of difference in the rates. Employment that may not be suitable because of lower wages during the early weeks of the applicant's unemployment may become suitable as the duration of unemployment lengthens.


(d) For an applicant seasonally unemployed, suitable employment includes temporary work in a lower skilled occupation that pays average gross weekly wages equal to or more than 150 percent of the applicant's weekly unemployment benefit amount.


(e) If a majority of the applicant's weeks of employment in the base period includes part-time employment, part-time employment in a position with comparable skills and comparable hours that pays comparable wages is considered suitable employment.


Full-time employment is not considered suitable employment for an applicant if a majority of the applicant's weeks of employment in the base period includes part-time employment.


(f) To determine suitability of employment in terms of shifts, the arrangement of hours in addition to the total number of hours is to be considered. Employment on a second, third, rotating, or split shift is suitable employment if it is customary in the occupation in the labor market area.


(g) Employment is not considered suitable if:


(1) the position offered is vacant because of a labor dispute;


(2) the wages, hours, or other conditions of employment are substantially less favorable than those prevailing for similar employment in the labor market area;


(3) as a condition of becoming employed, the applicant would be required to join a company union or to resign from or refrain from joining any bona fide labor organization; or


(4) the employment is with a staffing service and less than 45 percent of the applicant's wage credits are from a job assignment with the client of a staffing service.


(h) A job assignment with a staffing service is considered suitable only if 45 percent or more of the applicant's wage credits are from job assignments with clients of a staffing service and the job assignment meets the definition of suitable employment under paragraph (a).


Brandon, Esq. :

So, in order to receive benefits, you would need to show that the offer was not suitable. If they offer you more salary, with more hours, which you are not able to do due to your disability, then your benefits will likely be denied.

Brandon, Esq. :

As for requiring you to apply for your own jobs, this is not required. There is no requirement that you must apply for all jobs out there, only that you are ready, willing and able to work, and that you are actively seeking work. If you are laid off, then you are entitled to benefits. If they are not giving you a job offer, but are only requesting that you apply for a new job, this would not constitute a requirement that would affect your unemployment benefits in any way.

Brandon, Esq. :

More about how to file and what to do if you are laid off can be found here:

Brandon, Esq. :

http://www.uimn.org/uimn/images/22c.pdf

Brandon, Esq. :

What you are entitled to can be found here:

Brandon, Esq. :

https://www1.uimn.org/ui_applicant/benefits/monetary/premonetary/calculatePremonetary.do?init=true&action.calculatePremonetary.initApplicant.null=true

Brandon, Esq. :

Answers to frequently asked questions can be found here:

Brandon, Esq. :

http://www.uimn.org/uimn/applicants/howapply/info-handbook/index.jsp

Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.

Customer:

Very helpful, thank you! However, I'm still wondering if I am considered laid off from the County when the private agency takes over services.

Brandon, Esq. :

Usually you would be laid off and then rehired under the same conditions with the new company thus precluding you from unemployment.

Brandon, Esq. :

So if they do not offer you the same job then you would be considered to have lost your job through no fault of your own and thus would be laid off

Brandon, Esq. :

If you ever need to ask for me again specifically for any future questions, please feel free to do so here:

Brandon, Esq. :

http://www.justanswer.com/law/expert-accident-expert/

Customer:

Thank you so much!

Brandon, Esq. :

Not a problem. Have I fully answered your question today?

Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1738
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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