News & Information

CCH® UNEMPLOYMENT INSURANCE — 11/21/14

Hearsay evidence not challenged before ALJ so objection to it was considered waived

The claimant, a residential instructor at an assisted living facility, received three written warnings for rudeness, failure to follow company policies, and insubordination. The claimant was discharged after it was alleged she neglected a client’s care and restricted his rights. Initially, the claimant was awarded benefits and the employer appealed. At the hearing, the employer’s witness read another employee’s statement regarding the claimant’s actions. The Administrative Law Judge (ALJ) issued a ruling in favor of the employer, finding that the employer’s witnesses were more credible and that the claimant was discharged for disqualifying misconduct. On appeal, the claimant asserted that the decision was not supported by substantial evidence. Specifically, the claimant challenged the ALJ’s reliance on the hearsay statement and a lack of specific credibility findings. The ALJ was not required to make specific statements concerning the credibility of all the evidence in the case, however. Further, the hearsay evidence was not challenged before the ALJ and, therefore, the objection to the evidence was waived. The court determined that substantial evidence in the record supported the ALJ’s determination that the claimant’s actions constituted misconduct. The denial of benefits was affirmed (Stacy Jordan v. EAB, Iowa Ct. of App., No. 13-1380, October 29, 2014).