310 Ga. App. 312
Ga. Ct. App.2011Background
- Host International terminated Teal for alleged cash-handling policy violation after accounting indicated a discrepancy exceeding $50.
- Teal applied for unemployment benefits; Board of Review disqualified her, finding termination for policy violation.
- Superior court upheld the Board; Teal sought discretionary review, which the Court granted.
- Record evidence at administrative hearing largely consisted of hearsay from a single HR witness.
- Cash-discrepancy documents were neither authenticated nor legible, and no admission by Teal established the overage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the Board's disqualification based on competent evidence? | Teal | Teal | No; Board failed to prove disqualification by competent evidence. |
| Is hearsay competent to prove a violation of employer policy? | Teal | Host | Hearsay is not competent evidence to establish a policy violation. |
| Did the record contain admissible personal knowledge supporting the overage claim? | Teal | Host | Record lacked personal knowledge; testimony was unreliable. |
Key Cases Cited
- Davane v. Thurmond, 300 Ga.App. 474, 685 S.E.2d 446 (2009) (burden on employer to prove termination grounds by competent evidence)
- Finch v. Caldwell, 155 Ga.App. 813, 273 S.E.2d 216 (1980) (hearsay lacks probative value)
- Miller Brewing Co. v. Carlson, 162 Ga.App. 94, 290 S.E.2d 200 (1982) (evidence must have probative value)
- Ga.-Pacific Corp. v. Ivey, 250 Ga.App. 181, 549 S.E.2d 471 (2001) (employer must prove termination grounds by preponderance of the evidence)
- Millen v. Caldwell, 253 Ga. 112, 317 S.E.2d 818 (1984) (standards for disqualification evidentiary burden)
- Johnson v. Parnes, 163 Ga.App. 404, 294 S.E.2d 624 (1982) (evidence regarding statements of third parties is hearsay)
- Harris v. Collins, 149 Ga.App. 638, 640, 255 S.E.2d 107 (1979) (hearsay limitations in administrative contexts)
- Neal v. Augusta-Richmond County Personnel Bd., 304 Ga.App. 115, 695 S.E.2d 318 (2010) (confrontation rights in administrative proceedings)
- Citadel Corp. v. All-South Subcontractors, 217 Ga.App. 736, 458 S.E.2d 711 (1995) (hearsay limitations in contractual and evidentiary contexts)