Tuesday, July 26, 2011

NEW YORK UNEMPLOYMENT INSURANCE - HEARINGS AND APPEALS - VULGAR LANGUAGE - CASE NO. 5

The employer's sole witness was it's HR supervisor. The HR supervisor did not have any direct knowledge of the incident so the testimony consisted of stating why the HR supervisor thought that the information furnished by the claimant's supervisor regarding the incident was a violation of company policy. The HR supervisor tried to introduce a handwritten statement of a witness to the incident. I objected and the ALJ upheld the objection. The HR supervisor also testified recalling that the claimant may have called the direct supervisor another slang word. I objected but the ALJ allowed it in. On redirect, the claimant denied using another slang word.

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