Can I be fired over hearsay?
1 attorney answer
When someone says, "Person X said something", and reports it, that is not "hearsay". They heard you say it (or claim to have heard you say it), so they are talking about something they observed themselves. It's only "hearsay" if the claim is, "Person Y told me Person X said something". So, yes, you can be disciplined even though you deny the evidence. The employer gets to act based on the conflicting evidence, and make a decision about who is telling the truth and who is not. That's not 100% reliable, of course; but, so long as the employer is acting in good faith, they are permitted to resolve conflicting evidence. So, challenging your termination by saying, "although Person No. 1 sways I said this, I deny it; therefore, you have to accept what I say" won't work, unless you can convince your employer there is good reason to believe you instead of the person making up things about you. By the way, our President is currently resisting impeachment in the same way, so, at least you are in good company!
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