Is hearsay allowed in an unemployment appeal?

Asked over 1 year ago - Kansas City, MO

I appealed an unemployment denial, in response I was once again denied based on evidence that was not provided by the employer.

Employer stated that I made facebook posts on the particular day I was fired, hence the reason I was fired. The employer however, only stated that I did and did not provide any evidence of me doing so. I of course know I didn't and denied ever doing so. This is considered hearsay is it not? Is this type of hearsay allowed in unemployment cases?

Additional information

Are there particular pieces of evidence that aren't allowed in unemployment cases?

Attorney answers (2)

  1. Kelly Ann Breuer

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Generally, a hearing officer may admit any testimony and evidence that he or she feels is pertinent to the case. Most will allow testimony like this without corroborating documents. An appeal to this denial would have to allege that the hearing officer abused his or her discretion in allowing this testimony or in relying on it for the denial, and this is difficult to win. You need to get an attorney to advise you about the process and standards of appeal in MO.

  2. Anne Whalen Gill

    Contributor Level 13

    Answered . At the hearing when the evidence was introduced, did you deny it? Did you ask how the employer "knew" you had done that? If the employer relied on someone else's knowledge that would be hearsay. Check with a MO lawyer on the standards for an unemployment appeal. You may be able to argue that it was error to base the decision on unsupported evidence if the employer did not claim he had personal knowledge.

    This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with... more

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