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  #1  
Old 07-28-2009, 04:05 PM
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Two Complicated Questions


What is the name of your state? Vermont

This is a two part question and is complicated...

I submitted a statement to testify for my fiancee at her unemployment compensation hearing. A couple of days later that same statement was then submitted as evidence in another case that was unrelated to the case that I willing testifyied for... Can the Labor department legally do this since I did not consent to it?

The next question is...

This same statement involves conversations between my fiancee and I. We are now married (we got married on July 25, 2009) does Spousal Privlage now apply to the statement?
  #2  
Old 07-28-2009, 04:21 PM
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More specifics are better to give a good answer, but, of course it can be used. Now, depending on those missing specifics, there may be a hearsay problem.

No. You are not testifying against your wife. Your statement was made before the privilege attaches. Besides, the prvilege you're talking about (not the one regarding private communications in the marriage) tends to only be good in criminal matters.
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  #3  
Old 07-28-2009, 06:12 PM
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Still Confused


This is confusing to me because Vermont Statutes claim that it is ILLEGAL to obtain a written statement under false pretenses.

I wrote the statement for some unemployment errors in 2008 and then they applied it to a different case file about why my fiancee was allegedly fired from her job.

I wrote the statement to respond to one question and then it got applied to a different case file and I never would have written the statement if I knew that the Department of Labor was trying to decieve me or my wife.

According to the Statute... This type of crime can be punishable up to 10 years in jail.
  #4  
Old 07-28-2009, 06:26 PM
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You need an attorney now. Stop playing amateur if the state is looking to put you or your wife in jail on a felony. But, I don't see any false pretenses here. Using information for another purpose is not a false pretense as long as you submitted it and it was used for the original purpose.
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  #5  
Old 07-28-2009, 08:18 PM
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Quote:
Originally Posted by saviorofcamelot View Post
I submitted a statement to testify for my fiancee at her unemployment compensation hearing.
A couple of days later that same statement was then submitted as evidence in another case that was unrelated to the case...
Quote:
Originally Posted by saviorofcamelot View Post
I wrote the statement for some unemployment errors in 2008...
then they applied it to a different case file about why my fiancee was allegedly fired from her job.
But both cases are about your fiancee, correct? So how did the Department of Labor obtain your written statement under "false pretenses"?
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  #6  
Old 07-28-2009, 11:45 PM
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Once you make the statement, it becomes part of the public record, and they can use it for anything they want (or at least attempt to).
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