Tough times are sometimes made worse by the loss of your job or your partner’s job. One public benefit available to many folks who have lost their job is unemployment compensation. It is the public policy of the state of Idaho that: 

 

Economic insecurity due to unemployment is a serious threat to the well-being of our people. Unemployment is a subject of national and state concern. [Idaho Code Title 72, Chapter 13] addresses this problem by encouraging employers to offer stable employment and by systematically accumulating funds during periods of employment to pay benefits for periods of unemployment. The legislature declares that the general welfare of our citizens requires the enactment of this measure and sets aside unemployment reserves to be used for workers who are unemployed through no fault of their own. I.C. § 1302.

 

In order to receive unemployment compensation you must satisfy certain qualifications. Three of the most prominent qualifications are that: 1) your job loss cannot be due to quitting or leaving voluntarily; 2) being fired cannot be a result of your own misconduct; and 3) you must actively look for a new job following the loss of your job. I.C. §§ 72-1366(5) and (6). Several other criteria must also be met. Contact the Idaho Department of Labor for help filing a claim for unemployment benefits:  www.labor.idaho.gov.

 

If your claim for unemployment benefits is denied, you have the right to appeal that decision. You must file an application for appeal within fourteen days after you receive the denial of benefits. I.C. § 72-1368(3)(c). After filing for the appeal, you will be afforded a reasonable opportunity to a fair hearing. I.C. § 72-1368(6). Both you and your former employer have the opportunity to submit evidence and testimony to the appeals examiner at the hearing. I.C. § 72-1368(6). If you disagree with the decision of the appeals examiner, you would have the opportunity to request a rehearing. But, you must file that request within ten days from receiving the appeals examiner’s decision. I.C. § 72-1368(6). 

 

As an individual claiming unemployment benefits, you have the right to be represented by an attorney, if you so choose. I.C. § 72-1375. However, that attorney would have to be hired by you personally on terms agreed to between you and your legal counsel. The deadlines for filing for an appeal or rehearing are short. If you need legal assistance do not delay in hiring an attorney. 

Attorney-client communications are protected from disclosure. The client is in control of the privilege. Being in control, the client can maintain or waive the attorney-client privilege. “An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment.” I.C. § 9-203. The word “client” includes a person, a corporation, or an association. I.C. § 9-203. The attorney-client privilege exists as an exception to the rule that all relevant evidence must be disclosed by all parties involved in a lawsuit.

 

There exists a “fundamental principle that the public has the right to every man’s evidence … .” Garner v. Wolfinbarger, 430 F.2d 1093, 1100 (5th Cir. 1970) (citing 8 Wigmore, Evidence, § 2192 at 70.) Exceptions from the general duty to give testim