Original Coverage & Source Attribution: www.hcamag.com
The employee had a card she could not play. She also worked for Prometric, which had accommodated her return – in person, not remotely. A letter from Prometric confirmed she worked on-site from early morning to late afternoon. That would have undercut the Board’s central finding.
The court acknowledged this created “an incomplete factual picture” with evidence “directly contradicting” the Board’s conclusion. But the letter was not part of the record below, and the court could not consider it.
What sank her case was her own testimony. Across multiple hearings, she told the Board she needed remote work to return to the school. She never clarified she could work in person. She never contacted the school to say she was ready to come back in her old role.
For HR teams, the case is a practical flag: what you do during a leave – pulling system access, notifying insurers – builds a record that can contradict what you say later. And for employees, the testimony you give in unemployment proceedings can become the evidence that defines the outcome.
