Brigette Honaker  |  October 5, 2020

Category: Covid-19

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A PUA form lies on top of a face mask and under an ink pen - high school students

Minnesota high school students and a nonprofit have filed a lawsuit against the state’s employment department challenging a lack of unemployment help.

According to the lawsuit, Minnesota high school students have been denied unemployment help despite suffering from job loss and other employment issues as a result of the coronavirus pandemic, Radio.com reported.

The Minnesota Department of Employment and Economic Development (DEED) and its Commissioner Steve Grove allegedly violated federal law by disqualifying these students for unemployment.

The lawsuit was brought by three high school students and Youthprise, a Minnesota nonprofit. According to its website, Youthprise aims to “increase equity with and for Minnesota’s indigenous, low-income, and racially diverse youth” through learning and leadership, economic opportunity, health and safety.

Youthprise notes the coronavirus pandemic has caused economic harm to people around the country — including Minnesota residents. From March to April of this year, when the coronavirus started to spread through Minnesota, unemployment nearly tripled from 3.1% to 9.2%, the unemployment lawsuit notes.

“As a result of measures adopted by the government and in the private sector to prevent the spread of disease, many businesses have closed, either temporarily or permanently, and many others greatly reduced their operations,” the unemployment help lawsuit notes.

As a result of this unemployment, more than 900,000 residents of the most populous county in Minnesota reportedly filed unemployment applications with DEED. This number reportedly represents 31.9% of the workforce in the county.

Unfortunately, according to Youthprise’s lawsuit, people of color have experienced a disproportionate impact from COVID-19.

In Minnesota alone, one in two Black workers have reportedly been forced to apply for unemployment benefits since March 2020. In contrast, only one in four white workers have applied for these benefits.

High school students are not exempt from this financial hardship, according to Youthprise. In July, the national unemployment rate for workers ages 16 to 19 was 19.3% — nearly double the unemployment rate for the larger group of workers aged 16 and older at 10.2%.

As part of the fight against unemployment and economic hardship, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The law provided numerous benefits, including one-time payments and even unemployment help through the Pandemic Unemployment Assistance (PUA) program.

Frustrated man fills out online unemployment form on laptop - high school studentsAlthough PUA unemployment help is available for Minnesota residents, Youthprise says high school students are being denied these benefits by DEED.

PUA regulations reportedly allow individuals to receive unemployment help if they are not eligible for regular compensation or extended benefits under state or federal law and are unable to work due the coronavirus.

Under these guidelines, Youthprise argues, high school students should be eligible for unemployment help.

In fact, the Department of Labor has reportedly agreed with this assessment, writing that, “[p]rovided a full-time student who worked part-time is unemployed, partially employed, or unable or unavailable to work because of one of the COVID19 related reasons in Section 2102(a)(3)(A)(ii)(I) of the CARES Act, then he or she may be eligible for PUA.”

However, DEED allegedly violates these federal regulations by denying these benefits to unemployed students.

The state allegedly justifies this with state laws that disqualify high school students from unemployment help.

Plaintiffs in the unemployment help lawsuit say they have been financially injured by this practice.

Youthprise challenges this practice and notes that PUA unemployment benefits are to be dispersed in accordance with federal law as opposed to state law.

Plaintiff Cole Stevens says he worked for The Grind Coffee and Creamery until the business was forced to permanently close due to the pandemic.

Although he received benefits for four weeks, he was allegedly told later he was ineligible due to his status has a high school student. DEED reportedly continues their attempts to recover these benefits back from Stevens.

Plaintiffs Hayat Muse and Lincoln Bacal say they have been forced to work reduced hours at their employers after months of the businesses being closed. As a result, they argue, they are owed unemployment help under PUA.

The plaintiffs in the unemployment help lawsuit seek injunctive relief barring DEED from denying PUA applications from otherwise qualified high school students.

“We’ve explored state and federal legislative solutions. We’ve been in numerous conversations with DEED and connected with the [Attorney General’s] office, prior to filing the lawsuit,” Youthprise vice president Marcus Pope told MinnPost.

“Our goal was to reach some type of agreement, but we had no choice. Young people are hurting. They’re significantly impacted by this … and we believe they need some relief. They’re entitled to relief.”

Were you denied unemployment help during the coronavirus pandemic? Share your experiences in the comment section below.

The Minnesota high school students are represented by Gregory R. Merz of Lathrop GPM LLP.

The Minnesota High School Students Unemployment Help Lawsuit is Youthprise, et al. v. Minnesota Department of Employment and Economic Development, et al., Case No. 0:20-cv-02087-PJS-KMM, in the U.S. District Court for the District of Minnesota.

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5 thoughts onHigh School Students Sue Minnesota After Unemployment Help Denied

  1. Hope Senart says:

    I am not a high-school student but I am an online college student, single mother of 3 going through a separation. Also, Denied unemployment benefits, after the elementary school shut down beginning of 2019. I had to quit work to school them. It’s 2021 now and still being Denied. I’ve lost almost everything due to little help. If it wasn’t for the stimulus we got, I’d have no home. As our mortgage is $1050.00 a month. Minnesota needs to review the current issues we are going through and the mishap of their actions.

  2. Maxine says:

    My sister was recently denied unemployment due to being a high school student even though she was laid off due to the most recent COVID-19 shut down ordered by Governor Waltz, causing her employer to have to shut down because they are a gym.
    I’ve been thinking about it more and more often and it gets me very upset because she should be entitled to everything someone who is not in high school is entitled to as far as holding a job is concerned, she has to pay into unemployment, just like everyone else, so why shouldn’t she be entitled to the benefits everyone else is entitled to?? I’m not sure if she should try to appeal this determination or not?

  3. Colleen Barrett says:

    The State of Minnesota takes almost all the Unemployment Benefits from Seniors who have to draw on their Social Security to live and still work to pay bills. I get $23.00 a week instead of my earned $138.00 a we. I pick up part-time Covid19 exposed work to off set the money the State of Minnesota keeps. If the Federal Benefit comes you have to be taking your State Unemployment Benefits first. Minnesota wasn’t only stealing money from High-School aged workers. Minnesota is stealing from working Seniors.

  4. Taya Carlson says:

    My Daughter was also unable to work as a host for the restaurant she was employed. She originally received the benefits, but was then denied and forced to pay them back. She has her own bills to pay which is why she needs her pay check. Now she is stuck with a 2400.00 bill to enemploynent and has to pay it back or get garnished. So wrong!!!!

  5. Elizabeth Martin says:

    I was denied unemployment. I’m a realtor and live in Ohio. Are there any class action lawsuits in Ohio? Also, recently I was forced to leave my home when the eviction moratorium was lifted. I had put 30,000k down & signed a lease purchase agreement. The owner stopped making the mortgage payments.

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