Minnesota State Law Library
Shown here are the statements of the issues presented for review by the appellate courts in the briefs filed for this case. The entire brief set can be found at the State Law Library and other libraries around the state. See Minnesota Appellate Court Briefs Collection for more information.
CASE NAME: Michele Soderquist, Relator, vs. Universal Services Telecom Tech Inc., Respondent, Department of Employment and Economic Development, Respondent.
Read the opinion in this case at A09-202
CITATION: 774 N.W.2d 729 (Minn. Ct. App. 2009)
Legal Issues in REALTOR'S INFORMAL BRIEF AND APPENDIX:
Does Minnesota Statute Section 268.085, Subdivision 9, disqualify an Unemployment Insurance Benefits applicant from receiving more than four times her benefit amount if her child owns a 25% or more equity interest in the employer and the employer has paid the applicant $7,500.00 or more on average in each of the 16 calendar quarters prior to the effective date of the applicant's benefit account? The unemployment law judge held in the affirmative. Apposite authority: Minnesota Statutes Section 268.085, Subd. 9; Minnesota Statutes Section 645.16.
Legal Issues in RESPONDENT-DEPARTMENT'S BRIEF AND APPENDIX:
Under the law, where the parent of a business owner, who is also an employee of the business, that parent employee is only entitled to limited unemployment benefits. Specifically, the employee is limited to five weeks of unemployment benefits unless she had a certain amount of earnings in each of the previous 16 calendar quarters. Michele M. Soderquist's daughter owns 50 percent of the employer corporation, and Soderquist admits that, in one calendar quarter, she was not paid the threshold amount. Is Soderquist limited to five weeks of unemployment benefits? Unemployment Law Judge Matthew St. Martin held that Soderquist did not have wages paid to her of the requisite amount in each of 16 calendar quarters prior to the effective date of her benefit account, and therefore she was limited to five weeks of unemployment benefits.