Legal Question in Employment Law in Florida
Employer is using false witness against my UC Claim
I was fired by my employer and I applied for Unemployment compensation. He contested the claim by saying I was discharged for theft (which was not true).
I won and have been receiving benefits for two months. He filed an appeal and has persuaded a person to make a written, notarized statement to say they saw me steal money. This person admitted to a friend of mine (who has since quit this same employer) that he wished he had not signed that statement and that it was not true, which of course I know.
We are scheduled for a phone hearing and I want to get this testimony dismissed if possible. Also can I sue the employer and/or the person for slander?
Please help! Thank you.
2 Answers from Attorneys
Re: Employer is using false witness against my UC Claim
Hearsay is admissible in these types of cases, but may not be used as the sole basis for a factual determination. Your friend's testimony would be allowed indicating that the other person admitted his statement was untrue. I would suggest your friend not only provide a written account of this which must be sent to the Agency and your former employer immediately, but that he be available as a witness in the phone hearing to bolster this testimony.
However, you cannot sue someone for defamation for anything that is said/written in conjunction with a claim for unemployment compensation benefits.
Re: Employer is using false witness against my UC Claim
I would try to get a statement from the person who submitted the statement explaining that the first statement was not correct and why he made it. Worry about who you can sue or not after you keep your unemployment decision from being overturned.
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