commentator
As I might have said before, unemployment insurance is not the medium by which an employer can punish a former employee whose alleged misconduct was discovered after the termination. It's amazing how many employers come up with new information about what a terrible employee someone was when they find they are being filed against.
They can bring any sort of ridiculous and untrue evidence to the hearing. It doesn't have to be a valid or good reason for them to present it. It just has to be a good and valid misconduct reason for the original termination, or the claimant will still be approved, the claim will not be stopped, the former employee will continue to draw benefits.
Your son should not be devastated if he goes in and they appear and say all manner of evil against him. Everyone will be sworn in, and his testimony will have as much weight as theirs. If he has some sort of paperwork that the company gave him stating the reason for his termination, he should present this. Otherwise, he simply tells the circumstances as he experienced them.
Under no circumstances should he leap up and cry, "You liars!" or make a scene, no matter what they come up with. He should be formal and professional and not try to make small talk or interject comments either with his former employer or the adjudicator.
The company representative will have the opportunity to present their case first, since they are the ones who are protesting the initial decision. Then your son will have a chance to present his description of the circumstances. Then each side will be allowed to question the other party concerning their testimony. This hearing structure is roughly the same in all states.
If no one from the company shows up, your son will still present his testimony concerning the reason he was terminated and a decision will still be issued. He continues to file for each week, though he has stopped receiving checks. If the claim is upheld in this hearing, he will be backpaid for each week he has filed.
