Jordan L. Oslund v. the Paint Genie, Inc., Department of Employment and Economic Development, ...

Summary

The Supreme Court of Minnesota held that an unemployment law judge (ULJ) must dismiss an appeal from a determination of ineligibility for unemployment benefits that is filed after the statutory 20-day deadline in Minn. Stat. § 268.101, subd. 2(f), and that the ULJ has no discretion to consider the applicant's explanation for the late filing. The court reasoned that the plain, mandatory language of Minn. Stat. § 268.105, subd. 1a(c) ('must dismiss') leaves the ULJ only the factual question of whether the appeal was timely filed, and that the Legislature's use of 'discretion' and 'good cause' language in other provisions confirms the absence of any exception here. The court affirmed the court of appeals, which had affirmed the ULJ's dismissal of Oslund's late appeal. The court acknowledged fairness concerns raised by Oslund and amici but stated it must read the law as written, and it expressly declined to address constitutional challenges or the jurisdictional effect of the missed deadline.