AP 200.21 Evidence – hearsay

Click on the case numbers below to access eligibility decisions relating to unemployment hearings.

0014 2245 68

0014 2245 68 (June 30, 2015) – Absence in the record of the employer’s video evidence or other first-hand account of the claimant’s purported theft rendered the review examiner’s finding that the claimant removed money from the cash register and placed it in her pocket unsupported.  Without evidence of misconduct, the claimant may not be disqualified under G.L. c. 151A, § 25(e)(2).

BR-107722-A

BR-107722-A (Feb. 6, 2009) – Affirmed payment of benefits to van driver found not to have mistreated disabled passengers. Weight to assign to hearsay evidence is a fact question, which may only be set aside on review when the fact-finder’s reliance (or non-reliance) on the evidence was unreasonable. In this case, review examiner's rejection of hearsay statements as unreliable was reasonable. While consistent with each other, they were not corroborated by any non-hearsay evidence, had not been given under oath, and the declarants had not been cross-examined regarding the contents of the statements.

BR-104579-A

BR-104579-A (April 16, 2008) – Police report, a hearsay document, contained sufficient indicia of reliability to support employer's testimony of alleged theft.  Report identifies declarant and is based upon the author's personal observations and interviews.

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