Legal Question in Employment Law in California

I am in arbitration with my former employeer.

They are going to use a computer report that tracks computer usage to justify my termination. I am an expert at all things relating to computers but not law. This report has never been used to terminate someone according to HR, was not mean to be used as justification to terminate someone, and the information in the report contradicts other information in the report. It says I am using computer time for personal business at 1AM when it also shows I am clocked out of work and can't be using my computer. This report was likely created a long time ago and is extremely outdated. How can I get it thrown out as evidence?

Asked on 10/20/10, 1:29 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

The rules of evidence do not apply to arbitrations. The arbitrator can consider anything they thing is relevant and probative and give it as much weight as evidence as the arbitrator thinks it is worth. All you can do is argue the points you have made and any others that you can think of to convince the arbitrator that the report is unreliable evidence.

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Answered on 10/25/10, 3:43 pm

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