Hello I have previously posted a question on here before about my denial of benifits. I had my unemployment hearing yesterday and when the judge called me he asked me if I still wanted to participate. Of course I said yes. I was so nervous just because I was afraid my previous employer would lie and bad mouth me about why I was terminated. Anyway you know how you are supposed to sumbit a letter to the appeals court with your number. I did but the employer didn't. SO it was just the judge and I. I told him about how they fired me when I had bronchitis and how they didn't follow their policies when it comes to warning and termination. I had a witness who also worked their and knew the policies so she backed up what I had stated. I have heard that if the employer isn't their you automatically win by default. I was wanting to know if that were true. All the documentation that was admitted towards the case was the paperwork for me. They only had the denial from my previous employer and nothing else from them. If you could fill me in on what the possible outcome might be that would be great.
Well, you will win. You provided the information that will allow a favorable decision.
You were sick and the employer didn't follow their own policy .. and you had corroborating testimony from a witness.
Let me tell you something that happens all the time .. A state will lose someone's phone number or it somehow doesn't make it into the file. I'm also assuming this was the employer's appeal because the judge asked if you still wanted to participate.
I'm not saying that the employer just decided to not attend, but if it was the employer's appeal and the judge didn't tell you that the employer withdrew at the last minute .. count on nothing.
It really isn't impossible to get a hearing reopened.
This of course would be done when the hearing decision is received.
Normally if one party isn't there, it easier to win, but it is by no means an automatic win.
They will still make a decision on the testimony they've heard and any documents that have been submitted by the parties.