Although these examples appear to be relatively straightforward, employers often have difficulty proving that such acts reached the level of misconduct. This is because hearing examiners typically seek to determine whether a legitimate company rule was violated and whether that rule was justified. To maximize the company's defense, it is best to have a clear rule in place against the kind of behavior that resulted in the firing. The rule should be reasonably related to the orderly operation of the employers' business, and the employer should be able to produce credible witnesses who can prove the charges and demonstrate that the employer administered and enforced the rules fairly and consistently. The Hearing Most unemployment hearings are no different from a trial.
Witnesses typically testify under oath.
Documents, including personnel infor- mation, warnings, performance appraisals, etc. are submitted as exhibits. The atmosphere is rarely friendly. Thus, it is essential to prepare in advance what you will say and how your company will handle tough questions from the worker and judge. If necessary, ask a representative from the unemployment office to issue a subpoena compelling the attendance of key disinterested witnesses who refuse to attend and testify voluntarily. Appoint one person responsible for organizing the company's defense before the hearing day to maximize your chances of success.