As a plaintiff’s employment lawyer here in Austin, I hear one phrase from clients more than almost anything else: “But they said…” And right away, I know we’re stepping into the territory of hearsay—one of the most misunderstood concepts in the legal world. In wrongful‑termination cases, hearsay can absolutely shape the strength of your claim, but not always in the way people expect.
Let’s clarify what hearsay is, the common exceptions, and how it plays a role in proving (or disproving) unlawful termination.
What Hearsay Actually Means
Hearsay isn’t just “something someone else said.” Under the Texas Rules of Evidence (which mirror the Federal Rules in most respects), hearsay is:
An out‑of‑court statement offered in court to prove the truth of whatever it asserts.
In everyday language: If you want a judge or jury to believe something is true because someone said it, and that person isn’t testifying in court, that’s hearsay.
For example:
“My coworker told me my boss said he was firing me because of my disability.”
If you offer this to prove the boss actually fired you because of your disability, that’s hearsay.
But here’s the important part: Hearsay is not automatically inadmissible in court. Many statements that sound like hearsay actually come in without a problem because they fall under well‑recognized exceptions or aren’t hearsay at all under the rules.
Common Hearsay Exceptions That Come Up in Employment Cases
Employment disputes—especially wrongful‑termination cases—are full of statements. Managers, coworkers, HR staff, and decision‑makers constantly talk, email, text, or message each other. Several types of statements regularly qualify as admissible even if they might look like hearsay at first glance.
1. Opposing Party Statements
This is the big one.
If a supervisor, manager, HR representative, or company executive makes a statement related to your termination, and the company is the defendant, that statement is not hearsay. The law treats the company’s agents as speaking for the company.
Examples include:
“We need to get rid of her; she keeps complaining about safety issues.”
“He’s too old to keep up with the new systems.”
Because these come from the employer’s side, they’re admissible.
2. Business Records Exception
Many employment cases rely on internal documents—emails, performance reviews, complaint logs, or termination paperwork. When properly authenticated, these often fall under the “business records” exception.
That means your employer’s own documents can come into evidence even if the person who wrote them isn’t testifying.
3. Present Sense Impressions & Excited Utterances
These are more rare in employment disputes but can still show up.
If someone makes a statement while something is happening or immediately after, that statement may be admissible.
Example:
A coworker texting, “I can’t believe what John just said to you in this meeting!”
If it’s describing an event in real time, it may come in.
4. Statements Showing Motive, Intent, or State of Mind
Sometimes what matters isn’t whether the statement is true but whether it shows the speaker’s mindset.
Example:
“HR is sick of her medical leave requests.”
This could be relevant to show discriminatory motive regardless of whether HR was actually sick of the requests.
How Hearsay Can Affect Wrongful Termination Claims
Wrongful‑termination cases often hinge on why the employer made its decision. Direct evidence is rare—supervisors rarely put discriminatory motives in writing. That means many cases rely heavily on witness testimony about conversations, comments, and attitudes.
Here’s where hearsay can help or hurt:
If a statement is hearsay but doesn’t qualify for an exception, we might not be able to use it to prove our key point.
But if the statement was made by a manager or decision‑maker, it’s usually admissible and can become a cornerstone of the case.
Sometimes we don’t need the statement to prove the truth of what was said—just that it was said at all. That avoids the hearsay rule entirely.
Example: How One Statement Shapes a Wrongful‑Termination Case
Let’s say my client, Maria, complained to HR about gender discrimination. Two weeks later, she was fired for “poor performance.”
A coworker tells us:
“During the meeting, your supervisor said they needed to get rid of you because you kept causing trouble with those HR complaints.”
At first glance, it looks like hearsay—someone repeating what someone else said.
But legally, this statement is not hearsay because:
The supervisor is a decision‑maker.
The employer is the defendant.
Anything a company agent says on a matter within the scope of their job counts as an opposing‑party statement.
That one coworker’s testimony could turn a shaky case into a powerful retaliation claim.
Final Thoughts
Hearsay is complicated, but it’s not the roadblock many people think it is. In wrongful‑termination litigation, some of the most important evidence comes in precisely because of the exceptions—or because the rules treat employer statements differently.
If you believe you were wrongfully terminated and you’re unsure whether key evidence counts as hearsay, talk with an experienced employment lawyer. The strength of your claim may depend on understanding these rules correctly.