Minnesota Statutes 268.069 – Payment of Unemployment Benefits
Terms Used In Minnesota Statutes 268.069
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
Subdivision 1.Requirements.
The commissioner must pay unemployment benefits from the trust fund to an applicant who has met each of the following requirements:
(1) the applicant has filed an application for unemployment benefits and established a benefit account in accordance with section 268.07;
(2) the applicant has not been held ineligible for unemployment benefits under section 268.095 because of a quit or discharge;
(3) the applicant has met all of the ongoing eligibility requirements under section 268.085;
(4) the applicant does not have an outstanding overpayment of unemployment benefits, including any penalties or interest; and
(5) the applicant has not been held ineligible for unemployment benefits under section 268.183.
Subd. 2.Unemployment benefits paid from state funds.
Unemployment benefits are paid from state funds and are not considered paid from any special insurance plan, nor as paid by an employer. An application for unemployment benefits is not considered a claim against an employer but is considered a request for unemployment benefits from the trust fund. The commissioner has the responsibility for the proper payment of unemployment benefits regardless of the level of interest or participation by an applicant or an employer in any determination or appeal. An applicant’s entitlement to unemployment benefits must be determined based upon that information available without regard to a burden of proof. Any agreement between an applicant and an employer is not binding on the commissioner in determining an applicant’s entitlement. There is no presumption of entitlement or nonentitlement to unemployment benefits.
Subd. 3.Common law.
There is no equitable or common law denial or allowance of unemployment benefits.