Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

    Subdivision 1. Requirements. The commissioner shall 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 sections 268.085
and 268.086;
    (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
268.182 because of a false representation or concealment of facts.
    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 any burden of proof, and 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.
History: 1997 c 66 s 28; 1998 c 265 s 45; 1999 c 107 s 40,66; 2000 c 343 s 4; 1Sp2003 c 3
art 2 s 20; 2005 c 112 art 2 s 15; 2007 c 128 art 3 s 24; art 5 s 3; art 6 s 49,50

Official Publication of the State of Minnesota
Revisor of Statutes