| I terminated a Federal employee last year for failing to follow instructions. Apparently she's applied for unemployment in DC and my Agency is appealing. I've been asked to be a witness to help explain why she was terminated. Any advice on what I should expect? This is all new to me, although I'll be prepping with the lawyers beforehand. |
| lawyers will tell you exactly what to expect, but you will be sitting in a room with a hearing officer/examiner (whatever they call them), who probably will be recording the testimony with a tape player. your attorneys will ask you questions. the rules of evidence don't really apply, so they can ask you leading questions, elicit hearsay, etc. then the employee can testify. he may or may not have an attorney. i would guess that if he is able bodied, white, and under 40 he most definitely will not have an attorney. |
| Why shouldn't the person get unemployment? |
| And don't be surprised if they get some unemployment. |
Terminated for cause. |
Good luck with that. Only once have I as an employer ever won and that was because the employee told them she was refusing to return to work, which they gave numerous attempts to retract. |
My experience is just the opposite. We almost never lose in cases where employees are fired for cause. |