What evidence will be considered?
Only evidence presented at the hearing will be considered; therefore, you should bring
any documents or witnesses to the hearing that can directly help your case. Carefully think through
your case. Ask yourself what information, documents, or witnesses will help to establish
the facts in your favor.
Choose witnesses who have firsthand information: a person who directly saw or heard the
event to which they are testifying. Someone who testifies about what someone else said,
saw, or heard is giving hearsay; therefore, he or she can only have limited knowledge of
that event. A witness with firsthand information is generally considered more reliable
than hearsay evidence since he or she can be cross-examined.
Some hearsay is admissible as evidence. However, it is generally not as reliable as
testimony from someone who has firsthand information. Testimony given at the hearing,
under oath and subject to cross-examination, is often given more weight than hearsay
statements.
If you are the employer, bring the claimant's supervisor or someone who saw and heard what
happened to cause the firing; in addition, bring your personnel director. If you are the
claimant, bring a witness to key events, someone who can directly help support your case.
