The hearing is your only chance to present your case. You will not be given another chance. Even on appeal, the only evidence that will be considered is what was presented at the hearing. Therefore, you must prepare carefully before the hearing.
The Employment Department will send you a notice of the hearing and other materials about how to conduct a hearing. Read these materials and this handout carefully.
Before the hearing
1. Gather your evidence. Get all the documents which you think will help your case. For example, if it is company policy to allow three tardies and you were fired after being tardy only twice, you will want to show a written copy of the company policy to the Judge. Another example: If you left your job for medical reasons, you will need to bring a letter from a doctor explaining your medical problems.
If someone has documents you need for the hearing and they will not give them to you, you can subpoena them. Call the Judge before the hearing and tell him or her what documents you want and why they are important. Ask for a subpoena which will order that person to bring those documents to the hearing. The Judge will explain what you should do with the subpoena.
2. Ask witnesses to testify. Witnesses add strength and believability to your side of the story. Use them if at all possible. Be sure that your witnesses have knowledge of the important facts from their own personal observations. Make sure your witnesses can attend at the time set for the hearing. If the hearing is by telephone, you can ask the Judge to call the witness when you want him or her to testify. Make sure you have the phone number and arrange for the witness to be at that number at the time of the hearing.
If a necessary witness will not appear voluntarily, you may ask the Judge for a subpoena. However, before forcing witnesses to testify, make sure they will support you and not say something that will hurt your case. Remember - - it is important to have support for your side of the story.
It is far better to have witnesses at the hearing than to bring in letters or affidavits. The Judge wants to hearing their story in person. Do not use written witness statements unless you absolutely have to and then be sure the statement explains why the witness cannot come to the hearing.
3. Prepare an outline. Make notes about facts or points you want to cover during the hearing so you can present your case in a logical order. After you make your notes, prepare an outline. It may be best to start at the beginning and come forward. Or in some cases you may want to start at the end and work back. Just make sure it is clear what happened and when it happened.
It is very important to prepare an outline of everything you want to bring out at the hearing. If you try to keep it all in your head, you may forget some very important points. Remember, only evidence presented at the hearing will be considered, so make sure your outline covers everything that you think will help your case. At the hearing, you can check off the parts of your outline as you cover them.
At the hearing
Listen carefully to the Judge's instructions and explanations and ask any questions you may have before the hearing starts. If you wait to ask after it is over, the answers may come too late to do you any good. If you have questions about what to do during the hearing, ask the Judge.
The Judge will begin the hearing with a brief opening statement to explain the case and will officially enter the basic file documents in the hearing record as exhibits. These may include your written statements and the employer's, your request for the hearing, and copies of the Employment Department's initial decision.
The Judge will then swear in all the people who are to testify. If you were fired or refused to take a job, the employer will usually be asked to testify first. In most other cases, you will testify first.
Testimony
The Judge will ask you to tell your side of the story and will also ask you specific questions. In answering these questions, you should be able to explain your case fully to the Judge. Review your outline and follow it, if possible, so the facts come out in a logical order. Be sure the Judge is following and understanding what you are saying. Remember that the Judge can't read your mind, so you need to explain everything fully.
Present only the facts that are important to the issue. Unrelated stories only waste time. Cover the important facts once and do not repeat yourself. Make sure you cover all the important facts because the hearing will be your only chance to do so.
If there are several reasons for what you did or what happened, you may want to list them briefly. Then be sure to go back and explain each reason. Tell the Judge what you are doing so that he/she will understand.
Before you finish testifying, go back over your outline and make sure you covered everything. Remember to present any documents you have and to call all your witnesses to testify.
Cross-examination
After each individual testifies, the other party has a right to cross-examine that individual. Cross-examination means asking questions concerning the testimony just given.
Listen carefully to the testimony of your former employer. You can't interrupt during testimony, so be sure to take notes to help you remember the questions you want to ask. When you cross-examine your former employer, you should try to get statements explained or get the employer to admit facts that are helpful to you. You may also want to bring out contradictions in the employer's statements.
Remember - - the employer will also cross-examine you. Be sure to think about what you are going to say before you say it. Think, "Is this what I really want to say?" before answering. There is no rush. You have plenty of time
Telephone Hearings
If you are to have a telephone hearing, it means you and the other witnesses will testify through a telephone conference call. You will not be in front of the Judge, but will talk on the telephone. Be sure your witnesses will be with you or at a telephone so that they can be called to testify. Be extra careful to explain your statements or describe documents since the Judge cannot see you testify.
Helpful Hints
Concentrate on presenting basic facts rather than conclusions. A statement that the employer is unfair is a conclusion. For all the Judge knows, you may think the employer is unfair simply because he parted his hair on the wrong side. You must explain why you reached your conclusion by covering the basic facts that led to your conclusion.
Describe things in your testimony so that later anyone listening to the tape recording of the hearing will understand. For instance, do not gesture with your hands to show the size of something. Instead, state how large the object was in terms of feet and inches.
Don't get angry or argue during the hearing. In most hearings, the Judge will have to decide whether to believe you or the employer. Therefore, you will want the Judge to respect you and to think that you are a reasonable person who is telling the truth. If the hearing is in person, it is also a good idea for you to dress neatly for the hearing, to make a good impression.
If you are surprised by a new issue or unexpected evidence or you need to collect additional evidence or even if you decide you need a lawyer, you may request a postponement of the hearing. Explain the problem to the Judge and ask to have the hearing postponed or continued to a later date. You can also ask the Judge to give you more time to submit the documents (such as a doctor's letter that you couldn't get before the hearing).
Be sure that the Judge has the tape recorder on for any important statements or requests you make. If the Judge went "off the record" (turned the tape recorder off) when something important was said, make sure you repeat it when the tape recorder is turned on again. This is necessary because if there is an appeal, the only evidence considered is what is on the tape recording or in documents that are introduced into the record.
Do not be afraid to ask questions about your rights. The Judge has to answer them. Once again, think about what you are going to say before you say it! If you remain calm and follow these instructions, you have a good chance of winning at the hearing. Good Luck!
You will be sent a written decision by the Judge, usually within 2 weeks. Be sure they have your correct address.
Where to Find the Law: You can read the laws on unemployment benefits for yourself. The two sets of laws are:
- Statutes: Oregon Revised Statutes (ORS) Chapter 657; and
- Employment Department Rules: Oregon Administrative Rules (OARs)
Chapters 471 and 472. Unemployment.4.wpd (7/00)
The statutes referred to can be found in the Eugene Public Library, and in the Lane County Courthouse located at 125 E. 8th Avenue, Eugene, Oregon, 97401.
Click here to view Oregon Revised Statutes online.
