To prove at an unemployment hearing that a claimant’s separation is disqualifying, it is not enough to simply tell the hearing officer what happened. In the case of a discharge, the employer must prove misconduct in order for the claimant to be disqualified from benefits. If the claimant quit, he has to prove he quit with good cause to be allowed benefits. In either case, the key to winning at hearing is first-hand evidence.

First–hand evidence includes:

• First-hand witness testimony
• A video or audio recording
• Time sheets or schedules
• Warning notices
• An admission by the claimant
• A written resignation 

First-hand witness testimony is testimony at the hearing, under oath, from someone who saw what happened or who was present at the time of the final incident

If the claimant was discharged, the best witnesses are the people who saw or heard the final incident at the time it happened.

If the claimant quit, the best witnesses are the people who know the most about the reason the claimant gave for quitting. The best first-hand evidence is a written resignation submitted by the claimant.

Tammy Mullin