Consider having witnesses testify on your behalf - but make sure, in deciding who you are to have testify for you, that the witness or witnesses you select will testify favorably for you
- Many employee Claimant's do not have witnesses testify for them, and they win their unemployment hearings.
- But sometimes it may be a battle of he said/ she said, or a battle as to who is telling the truth of what happened at a particular incident, and if you have witnesses with first-hand knowledge favorable to you they may carry the day at the hearing.
- In this regards if you have a weapon at your disposal for the hearing (by this I mean a favorable witness; not an actual weapon), it does you no good if you do not bring it (the witness) to the hearing.
- The sad reality is that many current employees may be fearful of retaliation from their Employer (which fear sometimes is justified) and they may lie (or suddenly not be able to be located for the hearing) to protect their job.
- But sometimes a current employee will happily (or at least truthfully) testify for you - which can be very powerful - so it is a determination to be made on a case by case basis as to who to call as a witness.
- Prior employees, if they have relevant evidence, can also be a source of positive testimony - but again it is something to be decided on a case by case basis.