Show Me the Unemployment Records: If Plaintiff Waives Privilege, UIA Must Produce

The Finch decision shows how to sidestep the statutory excuse claimed by the UIA when refusing to produce Plaintiff’s unemployment records during discovery. This case argued an exception to the statutory provision which UIA relied on. The trial court ordered UIA to produce the records. The UIA appealed and lost.

The key is showing claimant voluntarily waived privilege. For example, if claimant testifies about what he or she represented to the UIA at any stage (application, investigation, renewal, etc.), or if claimant executes a release waiving privilege, that opens the door to obtaining Plaintiff’s records from the UIA.