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Is hearsay allowed in an unemployment appeal?

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?

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

Attorney Answers 2

Posted

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.

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3 comments

Asker

Posted

The ALJ relied on testimony from the Employer without evidence, nor was I let aware that the evidence of facebook was going to be used against me. There is no evidence of me being on facebook, other than the employer stating I was. The denial even says the ALJ used that reason for denying me benefits. I appreciate your advice. Thank you.

Kelly Ann Breuer

Kelly Ann Breuer

Posted

Testimony is considered evidence, and doesn't have to be corroborated by documents for an ALJ to rely upon it. The employer would have had to provide you with any documents they intended to produce prior to the hearing, but testimony is not required to be told to you beforehand. If you want to appeal this, you will definitely need an attorney in your jurisdiction.

Asker

Posted

I'm currently looking for an attorney. The employer did not provide any documents with the facebook postings they read to which they relied on to use against me. Thanks.

Posted

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 full disclosure of relevant facts for a comprehensive leagl opinion.

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2 comments

Asker

Posted

The employer states from someone else's knowledge as well as stating the stated they looked my name up themselves. Every lawyer I have spoken with so far won't even explain the standards to me unless I pay for a consolation unfortunately.

Asker

Posted

The employer stated that they noticed I made several posts before my first break, then read statements claiming they were posts by me. These posts weren't submitted as evidence so I didn't even know about them, I then denied them and also stated that my wife shares a facebook with me. I said that I didn't post those and don't recognize them, I however can't account for my wife even if you have the right facebook. I stated my facebook has never been public nor is it listed under my legal name.

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