[MRM]

No small potatoes, Idaho.

I've always thought that the animosity the general public has toward lawyers specifically and the judicial system in general is that they do not understand the legal system and they see legal outcomes as random and mysterious as when we were kids and some older kid who claimed to know all the rules would shout "out" and make it stick when we thought we hit a home run.

I don't do much UC work and I have limited experience in Idaho, but from time to time a corporate client has something like this happen and makes me handle it. I actually enjoy it because Unemployment Comp is complex enough to be interesting without being high stakes enough to be intense, and legal advocacy can often make a difference in the case. I wish I could find enough clients who had unemployment comp issues to support a practice. Unfortunately I think decent business lawyers will actually take on UC appeals for $2,500 to $3,500 flat fee. What I'm writing here is off the top of my head and should not be considered legal advice in any way shape or form. It's merely me thinking out loud and offering some insights into the legal system that you are free to ignore.

The good news (other than fierce competition of qualified lawyers for your business) is that the risks are probably lower than you think, you probably have more defenses than you may expect, and you may not need a lawyer to defend you, at least at this level. However, the only legal advice I am allowed to give you is to seek the advice of a qualified lawyer in your jurisdiction, and I certainly encourage you to do so.

Unemployment compensation is often mistaken for worker's compensation. Work comp is when an employee is injured on the job and can cover the lifetime of the employee. Unemployment compensation is to provide a safety net for people who lose their jobs through no fault of their own. Benefits are limited in time and are based on what the former employee made before termination. I think Idaho limits benefits to 52 weeks and requires proof of job searching during that time, but I'd have to look into it a little to know for sure. So at worst, you're probably into it for the insurance premiums that cover 52 weeks of whatever the guy's average weekly income was at the time of termination, assuming he can prove a valid work search for the whole 52 weeks.

From my experience, Idaho seems like a pretty well adjusted jurisdiction. Judges and bureaucrats seem to be open to common sense. Unemployment compensation is an administrative issue, meaning that it is handled first by unemployment clerks who make a determination of whether the former employee makes a claim that, if accepted as true, would qualify for benefits. The employee makes a written claim and the employer has the opportunity to make a written response. The case bounces around at that level for a bit until a higher level clerk makes a determination of whether the employee is entitled to UC payments. At that point the aggrieved party gets to make an appeal, which goes to a hearing officer. After that there is the opportunity for an appeal to an administrative law judge. Eventually you could make it all the way to the state court of appeals if someone really wanted.

If the employee is terminated for cause or quits voluntarily, but does not quit because of a "constructive discharge," he isn't entitled to UC benefits. That's usually the issue in UC appeals; whether the former employee was terminated for cause?

This case is kind of interesting because the claim seems to turn on the legal question of what benefits the former employee is entitled to when he gave up his secure job for one that that he was terminated from. If he hadn't given up the first job he'd still be employed now. So his claim is back against the first employer for the average weekly wage he was making before he was terminated by his subsequent employer. This may actually be a valid basis for a claim; I'd have to look into it, and I'd have to figure out whether termination for cause at the second employer was a valid defense to UC benefits. But even so, at the maximum he's entitled to a percentage of his average weekly wage at the first employer.

Anyway, just pay attention to the filings that come in to you, make sure you respond timely (or you'll lose your rights) and contact an attorney for advice as you think is helpful. In the meantime don't sweat it and chalk whatever it is up to the foibles of having to deal with employees and a cost of doing business.