This is the most common error that employers make. It is crucial to have witnesses with firsthand knowledge of the events that led to the employee’s separation. Sometimes, employers may send a human resources representative to the hearing because they discharged the employee or conducted an investigation into the matter. However, unless they witnessed the incident or the employee admitted their guilt to them, their testimony will be considered hearsay. In such cases, the employee's testimony will carry more weight in the hearing officer’s decision.

For instance, let’s say Charlie worked as a security guard on the night shift in a hospital. One night, his supervisor found him sleeping on duty, which is against company policy. Charlie was fired, and he filed a claim for unemployment benefits. The employer protested with a detailed account of the incident, including a written statement from the site supervisor. Charlie denies sleeping on the job during the hearing and is usually found eligible for benefits as the site supervisor is not present to provide firsthand testimony.

Employers sometimes answer only the questions asked without providing much detail during the hearing. However, providing specific details about what happened is critical to winning the case. Unemployment hearing officers prefer specifics and firsthand testimony. Therefore, employers should provide important details to fully describe what occurred, including the time, place, and nature of the incident.

Employers must present their testimony in a coherent and organized manner. The hearing officer may not have reviewed the information in the state’s file and may be starting with a de novo hearing. The employer must provide specific dates of incidents and warnings for the hearing officer to make an informed decision.

Employers who do not prepare adequately for an unemployment hearing are setting themselves up for failure. Employers should gather all relevant evidence and documents, prepare their witnesses and ensure they have firsthand knowledge of the events, and rehearse their testimony. Adequate preparation can help the employer present a clear and coherent case that is likely to result in a favorable outcome.