Legal Question in Civil Litigation in Pennsylvania
Hearsay/Workplace
I have been suspended from work for 3 days pending investigation. My administrator states that ''On January 12, 2004 she saw me @ a department store shopping & when she checked my time card the next day, the lunch period registered in the computer was a different time than when she states she saw me shopping.'' I have filed a grievance with my union, however I would like to inquire; When a situation occurs that is a matter of one person's statement vs. another person's statement and neither parties have any physical proof, how does a person prove themselves innocent?
1 Answer from Attorneys
Re: Hearsay/Workplace
It simply comes down to a question of credibility. The judge or jury or arbitrator examines the demeanor of the witness, his body language, and his motives. There is no magic test to dtermine crdibility. It is simply up to the fact-finder.