Section R6-3-51190. Evidence (Misconduct 190)

A.      General (Misconduct 190.05)

1.        Evidence is that which furnishes any mode of proof or that which is submitted as a means of learning the truth of any alleged matter of fact. This evidence is usually in the form of oral or written statements of a claimant, employer, or witnesses. The adjudicator must obtain all pertinent evidence reasonably available to make a non- monetary determination.

2.        A claimant or employer statement written and signed by him is valuable as evidence. Documentary evidence, such as physician’s statements or union by-laws and contracts, is often significant. Such evidence should be fully identi- fied and proved authentic in order to have evidential weight.

3.        From the standpoint of logic, evidence which does not tend to establish a fact should not be considered in deter- mining the truth of that fact.

B.       Burden of proof and presumption (Misconduct 190.1)

1.        The burden of proof consists of the requirement to submit evidence of such nature that, taking all other circum- stances into account, the facts alleged appear to be true. When this burden has been met, the evidence becomes proof.

2.        The burden of proof rests upon the individual who makes a statement.

a.        If a statement is denied by another party, and not supported by other evidence, it cannot be presumed to be true.

b.        When a discharge has been established, the burden of proof rests on the employer to show that it was for disqualifying reasons. This burden may be dis- charged by an admission by the claimant, or his fail- ure or refusal to deny the charge when faced with it.

c.        An employer who discharges a worker and charges misconduct but refuses or fails to bring forth any evidence to dispute a denial by the claimant does not discharge the burden of proof. It is important to keep in mind that mere allegations of misconduct are not sufficient to sustain such a charge.

C.      Weight and sufficiency (Misconduct 190.15)

1.        Evidence must be evaluated during the course of adjudi- cation to determine whether it is sufficient to make a decision. Sufficiency is reached when further rebuttal or circumstantial evidence will not alter the conclusions of the adjudicator.

2.        When sufficient evidence has been obtained, all the facts available must be weighed. Only relevant evidence can be considered.

a.        Unsupported oral statements may be outweighed by documentary evidence from disinterested third par- ties.

b.        Specific detailed facts must be given more credence than general statements.

c.        Credible testimony of an eye witness must be given more weight than hearsay statements.

3.      When the evidence, in its entirety, is evenly balanced, or weighs in favor of the claimant, misconduct has not been established and no disqualification is in order. When there is conflicting evidence, but the adjudicator con- cludes that the weight of evidence supports the employer’s allegations, he should hold that the claimant was discharged for misconduct.

Historical Note

Former Rule number Misconduct 190. - 190.15. Former Rule repealed, new Section R6-3-51190 adopted effective January 24, 1977 (Supp. 77-1).