You Are More Than Just an Employee - Hearsay Lesson
by Chris - Unemployment-tips.com
Everyone who works for a living, even those who luck out and collect unemployment benefits should realize they are more than an employee or potential employee to small businesses, and mega-corporations alike.
We are also the spendiest group of consumers in the world.
That's right we are customer. I believe this should give us the notion we might be more empowered than we think, instead of tending toward being fearful of not meeting unreasonable employer expectations.
For instance, I used to be a diehard JC Penney customer .. That is, until an out of touch, former Apple exex, Ron Johnson got hold of it as it's CEO and ruined the shopping experience for me and even it's loyal employees.
I often wonder what Kohl's must think about his out of touch with personal economics style, and fly by the seat of your pants, retail strategies.
Bet their high fivin each other in the halls.
So, let me explain what got me going this morning. it was something asked in an email from a woman in South Carolina.
The situation was this. She was fired over an overheard private conversation that took place off the employers clock and in a different business where she was doing her private business as a customer.
Must of been a small town though, because whoever overheard the exchange, called the customer's boss and related a second hand story of the conversation's content, they presumably, eavesdropped in on.
When the woman got back from lunch, now an employee once again, she was summarily called into her boss's office and discharged for saying she didn't like her job because of a phone call and second hand story. Don't know about you, but in my book .. this is how gossip get's started.
It's also not exactly what I would call sufficient to prove via a preponderance of direct testimony weighted by additional direct testimony, or evidence .. work related misconduct, or there would be millions fired for the reason given to this female employee.
Without nary a question from her boss, attempting to verify what
was actually said during a private conversation, none of his business, she left dejected and of course, filed for SC unemployment benefits.
But, she was denied and is now appealing and wondering how to win .. because he's changed his story since that afternoon.
It seems her boss must be an old hand at firing people and fighting unemployment benefits in South Carolina (an unemployment black hole and an unemployment attorney only state
He told the unemployment department she had been heard divulging sensitive proprietary information about her job which could have potential harm to his best interests.
This would be fine reason to fire anyone .. if he can actually prove she divulged sensitive proprietary information, and not that he simply got all pee-pee bent because he chose to believe gossip of the hearsay variety.
She of course, was denied because of this .. whether a savvy embellishment or not.
But the question was what should I do to win my appeal hearing.
My tip to her: Object to anything based on hearsay .. and maybe enlist the aid of a direct witness .. such as the person she had the private conversation with.
In an unemployment administrative law hearing, at minimum, hearsay should procedurally be given less weight than direct first hand testimony. He said/she said allows hearing officer wide discretion to determine credibility and objecting to hearsay that ends up being given more weight that direct testimony may become a vital and valid appeal point for written board level arguments if your hearing officer errs procedurally.
In case you need to be reminded .. I only provide information
all employees are expected to know about their own rights to due process during and unemployment appeal hearing.
My tip to employers .. a company brand is only as strong as the loyalty of employees. The concept is simple and a matter of knowing the value of showing basic respect and allowing human dignity to prevail whenever possible.
Because every American employee, is someone's customer until they become disgusted by bad practice .. of some very smart strategies.