[KS] Can a statement about firing someone before misconduct occurred be used in an unemployment appeal hearing?

Lexi, Chatbot

I understand how concerning it can be to navigate an appeal hearing for unemployment. Can you tell me if you have already submitted any evidence or documentation related to this statement?

Lexi, Chatbot

Have you had any previous hearings or discussions regarding your unemployment claim?

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured, they'll be able to help with your unemployment appeal.

Jon

Hello, and thank you for reaching out! I'm Jon, a licensed attorney with over 13 years of experience, here to help. I understand legal matters can feel overwhelming, but you're in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation. Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship. Can you clarify how you became aware of the employer's statement, was it said directly to you, overheard, or reported by someone else?

Jon

Thanks for sharing that. It's important to know how you came across the statement. Could you let me know when your appeal hearing is scheduled? This will help us understand the timeline you're working with.

Jon

Got it, thanks. Do you have any witnesses who also heard this statement, or is there any documentation that might support your claim?

Jon

It's good to know there are others who heard it. Even if they might not testify, their presence can still be significant. Do you have any written records or notes from that meeting that mention the statement, or is it purely based on what was said?

Jon

Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I'll get started right away.

Jon

Got it! I just need a few minutes to put together a complete response for you. It shouldn't take longer than about four to five minutes, and I want to make sure it's clear and comprehensive. Thanks so much for waiting, I really appreciate your patience.

Jon

This detail is very important to your Kansas unemployment appeal because these cases usually turn on one question: whether you were fired for misconduct as defined by Kansas law. The statement you heard suggests "pretext," meaning the employer may not have fired you for a real rule violation but was already looking for a reason to terminate you. That directly weakens their claim of misconduct. You are allowed to raise this at your telephone hearing. Kansas unemployment hearings are informal, and the usual rules of evidence are relaxed. You can testify about what you personally heard, and because you were present when the statement was made, your testimony is firsthand and not hearsay. During the hearing, the referee will guide the process. The employer will explain why they say you were fired, and then you will have the chance to respond. When it is your turn, you can state that you want to testify about a comment made by the director during an executive session and then repeat the statement exactly as you remember it. You should briefly explain why it matters by pointing out that it shows the employer had already decided to fire you, which casts doubt on any later claim of misconduct.

There is nothing to submit in advance because there is no written document. Your sworn testimony is the evidence. If it helps, you can prepare a short timeline with the date of the executive session and who was present and use it to keep your testimony clear during the call. If any board members who heard the statement are willing to testify, they can join the hearing, but even without them, your testimony still carries weight. Any statement your friend heard later from a board member would be considered hearsay and will not be as persuasive as what you heard directly. Focus mainly on your own firsthand account. If you remember the exact date of the meeting, say it, as details add credibility. Stay calm if the employer denies the statement and simply tell the referee that you are testifying under oath that it was said. Under Kansas law (K.S.A. § 44-706), the employer has the burden of proving willful misconduct, and this statement helps show they were searching for a reason rather than responding to actual misconduct.

Jon

You're welcome! Did that help clear things up for you? If you have any other questions or need more help, please don't hesitate to ask, I'm here to support you!

Jon

Do not simply repeat "refer to the comment" for every accusation. If you stop defending yourself against her specific claims, the referee may assume her complaints are true. Instead, briefly address her points and then use them to prove your case. If she brings up a mistake, you can say, "I disagree with that claim, and it was never mentioned to me until now. This appears to be the reason the director promised to find when she stated in the board meeting that she would look for an excuse to fire me." By doing this, you aren't just ignoring her, you are showing the referee that her accusations are the direct result of her plan to get rid of you. Stick to the facts of your performance, point out if you were never given a warning, and keep reminding the referee that these issues were manufactured to fulfill her threat.

Jon

And you're welcome. I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out, I'm always happy to assist. Wishing you a fantastic day ahead!

Jon

You're so welcome! I'm thrilled I could help, don't hesitate to reach out if you need anything at all!