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: Tara Peterson, Relator, vs. Northeast Bank - Minneapolis, Respondent, Department of Employment and Economic Development, Respondent.
Read the opinion in this case at A11-92
CITATION: 805 N.W.2d 878 (Minn. Ct. App. 2011)
Also Filed: Relator's Letter Brief
Legal Issues in RESPONDENT-DEPARTMENT'S BRIEF AND APPENDIX:
Under Minnesota law, certain payments received by an applicant are deducted from the applicant's weekly unemployment benefit amount. Tara Peterson filed a discrimination lawsuit against Northeast Bank following her termination from employment in August 2009. Peterson entered into a settlement agreement with her former employer under which she received a total sum of $50,000. A payment of $18,423 was made for lost wages and subjected to applicable state and federal income taxes for which Peterson received a W-2 Form. Two additional payments were allocated for personal injury damages and attorneys' fees. Under the law, back pay received by an applicant within 24 months of the establishment of the benefit account with respect to any week occurring during the benefit year must be deducted from unemployment benefits paid for that week. Should Peterson's payment for lost wages be deducted from her unemployment benefits? Unemployment Law Judge Richard Croft found that a payment of $18,423 was deductible from Peterson's unemployment benefits for the period January 21, 2010, through July 24, 2010. Peterson's ineligibility during that time period resulted in an overpayment.