Issues

Always prepare your case based on the issues. The issues to be discussed in your case will be mailed to you in the "notice of hearing". They will also be explained again to you during the hearing itself.  

The issues tell you in advance what the case will depend upon.  Always keep them in mind as you gather your witnesses and documents.

Also, pay attention to who has the burden of proof.  The burden of proof is important, because it tells you which side must make the stronger case. When the parties are equally persuasive and equally credible, the side with the burden of proof loses.

Remember that the claimant always has the burden  in a quit and the employer always has the burden in a discharge.  This means that in a discharge, the employer starts out with the disadvantage. But the reverse is true in a quit.

Often the issues will contain several sub-issues. Please read them carefully so you can meet every requirement. For example, if the issue is absenteeism, look at what the issue says must be proven. Then break it down so you can see every element.

For example: if the claimant was discharged for poor attendance, one issue may be whether the poor attendance was due to the illness of the claimant or illness of a family member. A second issue may be if the claimant called in and notified the employer in a timely manner. A third issue may be whether the claimant was warned that future violations could put his job in danger.  To win your case, you should address all three issues head on.

Likewise, in a case of poor performance, there may be several issues the employer will need to address at the hearing. For example, one issue is whether the claimant was ever capable of performing the job duties. A second issue is if in good faith he was doing the best he could do, and a third issue is whether the bad performance was due to circumstances within his control. 

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