Failing to present firsthand testimony from eyewitnesses
{"Image DocumentName": "Failing to present firsthand testimony from eyewitnesses", "Image ImageDescription": "The only exception is in the area of drug testing, where the results of a confirmation test indicating the presence of prohibited substances in the system of the claimant is accepted over the sworn firsthand denial of drug use by the claimant. If the claimant denies the misconduct alleged, and the employer is unable to present firsthand testimony to prove its allegations, the employer will lose. Most people have heard the adage an accused has the right to face his accusers . That happens to be a fundamental principle of the American system of justice, which is in turn derived from the English legal system. This principle applies to UI claims as well. A claimant who is accused of something by the employer has the right to face the ones making the accusations. That is why firsthand testimony from witnesses with direct, personal knowledge of the situation leading to discharge is given the greatest evidentiary weight in a case. Such testimony outweighs anything else, including notarized affidavits. The only exception is in the area of drug testing, where the results of a GC/MS confirmation test indicating the presence of prohibited substances in the system of the claimant is accepted over the sworn firsthand denial of drug use by the claimant. While it is true that employers sometimes win with secondhand testimony that is only based on reports from others, that is the case only when the claimant fails to participate in the hearing at all. If the claimant denies the misconduct alleged, and the employer is unable to present firsthand testimony to prove its allegations, the employer will lose. For this reason, employers should make every effort to determine who the best witnesses are and ensure that they are available to testify at a hearing. Unemployment claims can be difficult to win. Some are unwinnable. Many cases, however, can be won, and it would be a shame to lose a winnable case unnecessarily. Keeping the above pitfalls in mind can reduce the chance of losing a case that can be won. Common sense and following TWC instructions will go a long way. In problem cases, do not hesitate to consult an attorney experienced in employment law matters, and always remember that your UI taxes already pay for several attorneys in the employer commissioner s office at TWC - a major part of their job is helping employers deal with UI claims and appeals from an employer s standpoint. The number for that office is", "Image XResolution": "37", "Image YResolution": "37", "Image ResolutionUnit": "Pixels/Centimeter", "Image Software": "SlidePlayer", "Image YCbCrPositioning": "Centered"}