AP 200.2 Evidence

View decisions addressing the consideration of evidence in a hearing, in general, by clicking on the case numbers below. Additional decisions concerning more specific issues on this topic can be accessed by clicking the related links.

0082 8860 61

0082 8860 61 (Nov. 27, 2024) – The only proof of the claimant’s misconduct was text messages obtained from another employee’s unemployment hearing. Because the employer had no other source for these texts, they were information secured pursuant to G.L. c. 151A. As such, they were confidential and their admission as exhibits at the claimant’s unemployment hearing violated G.L. c. 151A, § 46(a). Lacking other proof of misconduct, the employer failed to meet its burden under G.L. c. 151A, § 25(e)(2), and the claimant may not be denied benefits.