Here’s some good news that will make it easier for employers that want to challenge unemployment compensation claims after firing an employee for misconduct. The HR representative who conducted the investigation can testify about what others said, provided that any written statements are also presented.
Recent case: Tora Glass was terminated from his job at Lowe’s after several women complained to HR that he had made sexual comments to them that made them uncomfortable.
He applied for unemployment benefits, and Lowe’s sent an HR representative to the hearing. It also sent along written statements collected during Lowe’s investigation, which outlined what Glass allegedly said and did. The court allowed the statements because the HR rep had taken them and could testify about what was said. (Glass v. Lowe’s, No. A09-1588, Court of Appeals of Minnesota, 2010)