Hearsay Testimony

Hearsay testimony is testimony by a witness about what others have said rather than what the witness himself said. Hearsay is generally allowed by the hearing officer or agency but is not afforded the same consideration as direct, firsthand testimony, so you will need a firsthand witness to the essential facts at the hearing.

There are many exceptions to the hearsay rule, but there are two that you should know: (1) admissions against interest and (2) business records. The first states that what the errant employee has said or written is an acknowledgment of fault and/or an admission that works against his interests in some manner may be used against the employee. If the employee has admitted part or all of his wrongdoing in ...

Get The Employer’s Legal Advisor now with the O’Reilly learning platform.

O’Reilly members experience books, live events, courses curated by job role, and more from O’Reilly and nearly 200 top publishers.