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Employer refused to participate in my unemployment phone hearing

by Kiesha

I was fired from work when employer stated I was standing around.

So, I applied for benefits, but I was denied.

So, I filed an appeal and I got my appeal package in the mail. It stated I was terminated for failing to give care in a proper time.

SO, the judge called me and called my witness and call to get my employer on the phone, but the judge said the employer refused to participate with the interview.

So, the judge just asked me and my witness questions and that was it. Can somebody tell me what you think gonna happen.

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Nov 12, 2014
I've gone over non-appearance of an employer many times ..
by: Chris (the only somebody here)

But, one more time probably won't hurt now.

If the employer refused to participate in the hearing, my suspicion would be that the employer also requested the hearing to be postponed and the request was denied. (This happens often and more often because you were initially denied and making you wait for an appeal hearing .. isn't looked upon fondly by the guidelines.

So, I'm telling you denied postponement requests often occur for employers and the standard advice to an employer denied a ppd. is to not attend the hearing because in essence it's an act that is waiving a right to offer first hand (direct) testimony needed by the employer to sustain their burden to prove your guilt of work related misconduct.

What I would expect to happen is if you win the decision .. the employer will take the postponement request and the hearing decision and attach both to an appeal to the board of review for a reopening of the hearing at the lower level because the request for ppd. can arguably be with good cause.

If I were you, I'd be very frugal with the benefits you will receive if you win the decision and keep an eye out for another hearing notice and packet.

The new hearing notice may have an additional issue listed to cover the employer's non-appearance at the first hearing .. which should be addressed first to know if there's any point in moving on the the main reason for the hearing, your discharge.

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