If my employer didnt show up at my unemployment hearing, will I win? by steve (Pittsburgh, PA) If my employer postponed the first hearing and the didn’t show up for the second hearing will I win my unemployment appeal case? Hi Steve, Maybe, but it depends on a number of factors. #1 is whether you performed at the hearing without self-disqualifying yourself through too much or too little information .. depending on who appealed. And then, knowing why the employer didn’t show up is helpful to further appeal. And whether, if you do win, what actions they take in an attempt to “reopen the case”. The thing about any “legal process” is that there can always be “another appeal” until someone gives up or reaches the top of the appeal ladder without success. In the case of unemployment benefits most employers choose to stop climbing the appeal ladder after an unemployment board appeal. Most claimants choose to stop after a lower level unemployment hearing. In your case, in PA, that is the “referee hearing”. This is usually due to the prohibitive cost of an attorney, which in my opinion, is a necessary thing to have for any hope of winning an appeal at the “board level”. It requires a legal brief with teeth in order to compel them to listen and do what is being requested.