Minn. Stat. » CHAPTER 268. UNEMPLOYMENT INSURANCE
Minnesota Statutes

Minn. Stat. § 268.069 (2026)

Payment Of Unemployment Benefits

✓ current as of May 2026
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Subdivision 1.Requirements.

The commissioner must pay unemployment benefits from the trust fund to an applicant who has met each of the following requirements:

(1) the applicant has filed an application for unemployment benefits and established a benefit account in accordance with section 268.07;

(2) the applicant has not been held ineligible for unemployment benefits under section 268.095 because of a quit or discharge;

(3) the applicant has met all of the ongoing eligibility requirements under section 268.085;

(4) the applicant does not have an outstanding overpayment of unemployment benefits, including any penalties or interest; and

(5) the applicant has not been held ineligible for unemployment benefits under section 268.183.

Subd. 2.Unemployment benefits paid from state funds.

Unemployment benefits are paid from state funds and are not considered paid from any special insurance plan, nor as paid by an employer. An application for unemployment benefits is not considered a claim against an employer but is considered a request for unemployment benefits from the trust fund. The commissioner has the responsibility for the proper payment of unemployment benefits regardless of the level of interest or participation by an applicant or an employer in any determination or appeal. An applicant's entitlement to unemployment benefits must be determined based upon that information available without regard to a burden of proof. Any agreement between an applicant and an employer is not binding on the commissioner in determining an applicant's entitlement. There is no presumption of entitlement or nonentitlement to unemployment benefits.

Subd. 3.Common law.

There is no equitable or common law denial or allowance of unemployment benefits.

Notes of Decisions
Cited in 73 cases (2 in the last 5 years), 2002–2026 · leading case: Nina Wilson v. Mortg. Resource Ctr., Inc., Dep't of Emp. & Econ. Dev., 888 N.W.2d 452 (Minn. 2016).
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Nina Wilson v. Mortg. Resource Ctr., Inc., Dep't of Emp. & Econ. Dev., 888 N.W.2d 452 (Minn. 2016). · cites it 15× “Minn. Stat. § 268.069 , subd. 2 (2016). In this case, DEED petitioned for review, while Respondent Mortgage Resource Center did not participate in the appeal to our court.”
Irvine v. St. John's Lutheran Church of Mound, 779 N.W.2d 101 (Minn. Ct. App. 2010). · cites it 10× “Minn.Stat. § 268.069, subd. 1. First, the applicant must file an application for unemployment benefits and establish a benefit account in accordance with Minn.”
Jenkins v. Am. Express Fin. Corp., 721 N.W.2d 286 (Minn. 2006). · cites it 4× “" Minn.Stat. § 268.069, subd. 3 (2004). Jenkins' employer had the right to reasonably expect that Jenkins would show up for work.”
Scheeler v. Sartell Water Controls, Inc., 730 N.W.2d 285 (Minn. Ct. App. 2007). · cites it 10× “Does Minn.Stat. § 268.069, subd. 2 (2004), void an employer’s agreement that an employee who chooses not to perform work available with the employer for a period of time may apply for unemployment benefits without opposition from the employer? ANALYSIS Standard of Review In…”
Thomas v. Engfer v. Gen. Dynamics Advanced Info. Sys., Inc., Dep't of Emp. & Econ. Dev., 869 N.W.2d 295 (Minn. 2015). · cites it 4× “See Minn. Stat. § 268.069 , subd. 3 (2014). Instead, starting with the Social Security Act of 1935, unemployment insurance developed as a “federal-state partnership based upon federal law, but administered by state employees under state law.”
Patrick Hammer Fay, Relator v. Dep't of Emp. & Econ. Dev., 860 N.W.2d 385 (Minn. Ct. App. 2015). · cites it 4× “Minn.Stat. § 268.069, subd. 3 (2014). MinmStat.”
Haugen v. Superior Dev., Inc., 819 N.W.2d 715 (Minn. Ct. App. 2012). · cites it 2× “See Minn.Stat. § 268.069, subd. 2 (2010). It is not remarkable that a statute designed to protect unemployed individuals also allows those individuals to raise disputes over their claim to unemployment benefits without facing all litigation costs.”
Vargas v. Nw. Area Found., 673 N.W.2d 200 (Minn. Ct. App. 2004). “§§ 268.069, subd. 2; .101, subd. 2(d); .105, subd.”
Rasidescu v. Comm'r of Econ. Sec., 644 N.W.2d 504 (Minn. Ct. App. 2002). · cites it 4× “Minn.Stat. § 268.069, subd. 1(3) (2000). However, aliens who are not eligible to work in the United States are not eligible for unemployment benefits: An alien shall be ineligible for unemployment benefits for any week the alien is not authorized to work in the United States…”
Jennifer White, Relator v. Univ. of Minnesota Physicians Corp., Dep't of Emp. & Econ. Dev., 875 N.W.2d 351 (Minn. Ct. App. 2016). · cites it 2× “Minn.Stat. § 268.069, subd. 2 (2014). We review the unemployment-law judge’s findings of fact in the light most favorable to the decision and defer to the unemployment-law judge’s credibility determinations, Icenhower v.”
Clifford G. Menyweather, Relator v. Fedtech, Inc., Dep't of Emp. & Econ. Dev., 872 N.W.2d 543 (Minn. Ct. App. 2015). · cites it 2× “Minn.Stat. § 268.069, subd. 1 (2014). But an eligible applicant’s unemployment benefits may be reduced or postponed if the applicant is receiving vacation or sick pay, severance pay, or certain types of retirement pay.”
Thao v. Command Ctr., Inc., 824 N.W.2d 1 (Minn. Ct. App. 2012). · cites it 2× “Minn.Stat. § 268.069, subds. 2, 3 (2010).”
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