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should i have a witness at my telephone appeal hearing?

by JOEL
(MINN)

This has been my second correspondence with you and you have been so helpful I have one more question!


A short story on my situation. My mother was ill 1st employer (of 8 years) would not work with me with my hours after repeated attempts, Dr note Ect. found other employment much more suitable for my situation(better pay,hours, commute.) Quit job (with a 2 week notice)(1) for job (2) only to find out job (2) had to rescind my offer due to the bad economy and their sales etc. filed for unemployment, denied because of the quit (I supplied them with DRs note, Detailed times and dates I requested 1st employer to work with me, the rescind letter I got from 2nd employer. Still they denied me. They determined It was not substantially better employment( And It definitely was!!!) why would they ever think i would have left my job if it wasnt! So the lady that rescinded my job actually called me to see if I had found another job because she felt so bad about the situation,and even offered If I wanted to do a three way phone conf during the phone hearing to help my case! Would It be beneficial? How would we do this? and do I have enough time to enter a new witness my hearing Is thursday july 2 at 1 pm! Please give me your thoughts I value them! I feel so alone on this one in making the right chioce! Please hurry back to me with any advise!
Thank-you
JOEL In Minn


Hi Joel,

Of course I remember you:)

Absolutely!! have her as a witness. I do not have the MN hearing procedures handy, but you should. I'm certain they came with your hearing packet. If you can't find them .. let me know .. I'll look for them online.

You have time to get this done and arranged. Generally, you only need to provide the documentation to the employer before the hearing. You'll need the phone number your witness can be reached at for the hearing .. so verify that with her.

What the heck, went ahead and linked to the Minnesota unemployment hearing instructions.

Telephone hearings at the bottom of the page.

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Jun 18, 2014
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starstarstarstarstar 		Question about Having a Witness
by: Anonymous

What if witness doesn't want to testify?



Then maybe you could consider a subpoena to compel them to the hearing to give their first hand testimony, but this raises questions and things you need to consider as to the importance of their testimony.

Does your witness really have first hand information relevant to the issue(s) listed on the hearing notice, or will they being testifying to something so far off the mark of the issue as to be extraneous to the one knowing the law and conducting the hearing.

Will they tell the truth. Hostile witnesses, even those who do have relevant information may have something they think is more important to protect .. than your right to avoid a benefit overpayment and retain benefits, or to finally collect benefits. Consider the intimidation factor an employer can bring to bare on witnesses who are still employed .. although that sort of employer behavior can wind up costing the employer when answering a complaint of workplace retaliation .. from the witness who then loses their job .. just for doing the right and correct thing by telling the truth and nothing but the truth.

The general wisdom about witnesses is if you're going to have a witness testify on your behalf .. prepare the witness with the questions you will ask and this way you can make sure you know the answers they will be providing.

It would suck for you if your reluctant witness says something you weren't expecting, or prepared for .. during the hearing.

Chris

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