Can text messages between you and your employer be used as exhibits in a unemployment phone hearing?

In my phone hearing the referee did not allow me to use texts messages between myself and my former employer as proof that I was fired and that I did not quit. I testified that I was fired in retaliation because the employers girl friend had recorded texts between her and me, gave them to the employer/ boy friend and he fired me over the context of the texts. I tried to enter texts directly from the employer to my phone and texts from the girl friend admitting she gave the employer copy of the texts between myself and her. The employer denied he even knew this girl. The texts would have established the relationship between the employer and the girl and would have attacked the false testimony he presented during the hearing. It would have attacked his credibility. The referee said they were all hearsay. How can a text between 2 people be hearsay?

1 answer  |  asked Jul 12, 2016 08:15 AM [EST]  |  applies to Illinois

Answers (1)

Alejandro Caffarelli
The hearing officer was absolutely wrong, the statement of an opposing party is by definition not hearsay. You should definitely appeal.

posted by Alejandro Caffarelli  |  Jul 12, 2016 09:31 AM [EST]

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