Tips and info

Preparation for hearings

February 2004

Person(s) selected to attend a hearing should have firsthand knowledge of the reason for separation and the facts leading to the separation. Hearsay testimony is generally not persuasive.

Three copies of documentation (e.g., personnel file, records or statements) relevant to the separation are necessary for an in-person hearing. It is customary to provide copies for the hearing officer, claimant and your UCeXpress representative. Procedures may vary according to the State or if the hearing is held via the telephone.

Bring copies of relevant company rules and policies, including (if applicable) rules found in a collective bargaining agreement if the claimant is a union member. Evidence (e.g., acknowledgments) that the rules were received by the claimant should also be produced.

Discharges for misconduct must be supported by the following:

  • Testimony and documentation on final incident leading to discharge.
  • Testimony and documentation on reason(s) given for discharge.
  • Prior written and/or verbal warnings (if any) to demonstrate that claimant knew their job was in jeopardy. (Major misconduct, e.g., theft or assault, may be disqualifying in the absence of a prior warning.)
  • Evidence that claimant knew or should have known that a company rule or standard of behavior had been violated.

Voluntary quits must be supported by the following:

  • Testimony and written documentation (if any) giving alleged reason for quitting.

Note: A "no call" or "no show" for three or more days is generally viewed as a voluntary quit. Similarly, some states see loss of a necessary license, as the result of a voluntary act (e.g., driving while intoxicated), as a quit.