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: Nathaniel McNeilly, Relator, vs. Department of Employment and Economic Development, Respondent.
Read the opinion in this case at A09-895
CITATION: 778 N.W.2d 707 (Minn. Ct. App. 2010)
Legal Issues in RELATOR'S INFORMAL BRIEF:
The issue on appeal is whether I was actively seeking employment during the time I maintained an unemployment benefit account with the Minnesota Department of Employment and Economic Development.
Legal Issues in RESPONDENT-DEPARTMENT'S BRIEF AND APPENDIX:
In order to be eligible for unemployment benefits, an applicant must at all times be able to work, be available for suitable employment, and be actively seeking suitable employment. Nathaniel McNeilly was a seasonal employee for Keenan & Sveiven, Inc., a landscaping company: McNeilly was laid off during the winters of 2007 and 2008. During that time he did not submit a single application for employment, and admitted during the hearing that he did not look for work because he did not believe that he had to do so. The Unemployment Law Judge found that McNeilly was not available for suitable employment or actively seeking suitable employment for the period beginning December 16, 2007, and held that he was denied unemployment benefits from that date and continuing until conditions changed.