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Derailment
09-28-2005, 11:30 PM
Kansas

Recently i filed for unemployment benefits and my previous employer contested by saying that i quit. This is not true. Now, supposedly he has three witness statements saying that these witnesses heard me say i quit. Again this is not true. The claim has already been filed and is in the determination process. I believe that i am entitled to these documents for my records, is that correct? Are there any other documents i should be requiring from my previous employer?

Thank you

Beth3
09-30-2005, 08:27 AM
If the UC division determines you are not eligible for benefits, then file for a hearing when you receive the denial notice from the State. The employer will have to provide the witnesses at the hearing to testify as to what they heard. (Not written statements - the actual individuals they are saying heard you quit, live and in person.)

You can contact the UC office now and see if they will provide you with a copy of whatever statements the employer initially submitted. I don't know if you're entitled to copies or not. At the hearing, you are entitled to see any evidence your employer presents before it is accepted by the ALJ and object to it's submission if you wish to. As I said though, unless the employer brings the actual witnesses to the hearing, any written statements are hearsay and you may object to them being accepted as evidence. As at any "trial," you have the right to cross examine any witnesses the other party has and you can't cross-examine a piece of paper.

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