June 17, 2015
- Take your time. You have the time to do it correctly and completely.
- Do not guess or assume facts.
- Draft your responses assuming claimant’s attorney will review them and will cross-examine you about them.
- While you do not need to write down each and every fact and circumstance that lead to the termination decision, do not simply write down one reason (e.g., Susie was tardy) because you are in a hurry when other reasons (e.g., customer complaints, making faulty product, etc.) also were involved. Use the phrases, “For example, . . .,” or “Her misconduct included, without limitation, . . .”
- Do not “pile on” reasons that were not part of your termination decision.
- Write legibly or type your responses. If the agency cannot read your responses, it may ignore them.
- Write clearly. Short sentences.
- Proofread your work. Ideally, have another Company rep review it.
- Attach documents when necessary. For example, disciplinary counsellings, performance evaluations (that reference poor performance or misconduct situations), and relevant emails or notes can tell a persuasive story—if effectively drafted. Label them Exhibits A, B, C, etc.
- Keep a copy of what you provided to the state agency. Know what you produced so you do not produce duplicates at the following administrative stages. More importantly, your attorney (in any subsequent lawsuit) will need to know what you wrote and what you provided.