For employers, all unemployment hearings begin with the same initial questions regarding the former employee's employment. The questions, though not apparently crucial to the final outcome, can establish or destroy the witnesses' credibility with the administrative law judge. The questions asked are:

• The former employee's position
• Rate of pay
• First date worked
• Last day worked and last day employed if different

If a witness' testimony is uncertain or incorrect on these basic facts, the remaining testimony may be questioned as to its truth and/or accuracy and credibility.

Unemployment insurance hearings are informal, administrative proceedings designed to be fact-finding, non-confrontational in nature. Though informal in nature, remember that the administrative law judge is responsible for gathering the relevant facts regarding the cause(s) of the former employee's job separation.  Often times, there is conflicting testimony and the administrative law judge will have to rely on who they feel is the most credible.  For more information on unemployment hearings, see What Not to do at an Unemployment Hearing.

Tammy Mullin