Prove a negative in an unemployment case by being your own expert, tracking down evidence, and being prepared to say things that matter.
If your former employer is saying bad things like negligence or employment misconduct, then now is a good time to entertain professional support.
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The legal process to prove a negative is hard, but not impossible.
Sometimes, applicants believe they need to defend against their claim or disprove employment misconduct. In my experience, this is the wrong strategy.
Instead, I prefer to see Applicants turn themselves into the expert. In other words, describing firsthand accounts as if recorded everything on video. Or, interpreting company policies to their advantage versus relying on a handbook.
Evidence Needed to Prove a Negative
All to often, Applicants disregard the value of their own personal testimony. But, talking isn’t the goal. Instead, saying critical things about the process, your expectations, and how the worker interpreted the actions of those around them can really offer significant value.
The unemployment standard is a preponderance of evidence. Paper is nice, but details are better.
Three pieces of evidence isn’t a tangible thing used to catch attention. Instead, it is a reference to elements of a story explained with critical detail.
Prove a Negative with Credibility
Credibility is important too. But credibility isn’t necessarily a trust thing, although trust is important too. Credibility is about detail and sharing why an applicant knows of or responded to an event on a specific day-in-time.
Sometimes, a person can help and support their goal of becoming eligible for benefits by making explicit references to time, dates and describing a situation in detail.
Again, paper and tangible evidence is the gold standard. On the other hand, gold is harder and harder to come by when employers misconstrue facts from fiction.