The hearing will begin with Introductory Statements and identifying some items for record.
- The Judge will identify who will be the main spokesperson for the company.
- The spokesperson is the only person allowed to ask additional questions of your witness (if any) and cross examine the claimant.
- The Judge will swear in everyone that will be testifying and inform you that the hearing is being recorded.
- The Judge will take testimony from the party that initiated the separation.
- In a termination case the Judge will take the employer’s testimony first since the employer initiated the separation.
- In the case that there is a disagreement whether the claimant quit or was discharged, the employer will usually testify first.
The Judge will ask the following questions:
- Dates of Employment, Job Title, Job Duties, and possibly their Rate of Pay.
- Questions regarding the separation- “What incident led to the claimant’s termination?”
- Details of the policies that were violated by the claimant.
- Details on any prior warnings or issues involving the claimant.
The Employer and Claimant have the opportunity to ask clarifying questions that will best illustrate your stance.
Tips during Cross Examination:
- Do not interrupt during the claimant’s testimony (It will be different than yours).
- Do not interrupt the Judge.
- Address the Judge with “Your Honor.”
- Questions are not necessary, however if you do have questions that you feel will shed additional light on the separation, this is your opportunity.