I believe that you are likely referencing a post from earlier today on this site: http://www.avvo.com/legal-answers/can-a-written-statement-from-my-former-employer-be-1373085.html
If so, then I'm afraid you misunderstand my and the other attorney's answers. A "written statement" from an employer can indeed be used to impeach someone - that is, to show that they're not telling the truth - about their employment history. Evidence used solely to impeach can get around the hearsay requirement; so can documents made in the ordinary course of business.
There are some other misconceptions here as well. First of all, a brain surgeon does not necessarily have any greater credibility - that is, a presumption that they're truthful - than a fast food worker does. Second, anyone who claims to be a brain surgeon would be expected to have a substantial resume, history of college transcripts and degrees, and work history to substantiate the fact. There's no way that someone without that history could realistically claim to hold such a job, in any case where their work history was relevant and likely to be explored at all, and expect to be believed. Third, the possibility of prosecution for perjury is rare but quite real, if it can be demonstrated that someone intentionally lied about a critical matter in a case. There is no good reason to lie about this sort of thing, and every reason not to.
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First, your question has nothing to do with Libel, Malicious Prosecution or Slander.
Second, your evaluation of what is or is not hearsay is not accurate.
Third, Brain surgeon's are not more or less reliable, honest, or trustworthy than fast food workers.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Let's say someone gets on the stand and says "I am a brain surgeon." And nobody questions him. Then let's say the opposing party says "hmm, doesn't look or act like a brain surgeon" and contacts the hospital who confirms their suspicion. The likelihood of that person getting prosecuted is near 100%.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
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