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If my employer didn't show up for the unemployment appeal hearing will I win?

by Ava
(California)

Hi there, I just had my appeal hearing today and my employer didn't show up. But they wrote a letter. Do I automatically win because the judge still asked me questions. Also, I didn't ask any questions I just answered the judges questions with honest answers is that good?




Hi Ava,

I always advise being honest. But I also explain why we need to temper the desirable quality that goes to establishing credible sounding testimony .. without volunteering more information, than we are asked for.

No, an employer not appearing for an appeal hearing, doesn't equate to a claimant automatically winning a hearing.

But the advantage of the employer not showing up, is any letter, that serves as their written statement in lieu of giving testimony, shouldn't procedurally be given more weight, if it contradicts your own testimony.

The reason for this is a written statement cannot be cross-examined by a you, or the hearing officer.

It's why appearing for hearings instead of losing by default via a non-appearance is important.

Yet, I need to mention, my experience coordinating hearings for employers, is the very thing that makes me nervous for claimants who do win hearings because the employer didn't show up.

Before a hearing, I used to request postponements for employer witnesses .. for all sorts of reasons and the point of that exercise was if the request was denied .. I now had a well framed postponement request, just in case the claimant won, as supporting evidence for a board appeal requesting the tribunal appeal hearing be reopened, so the employer witness could finally provide first hand testimony .. to whatever the issue and burden might of been.

The disadvantage to this as a tactic to preserve a party's right to get due process is, the additional issue of whether there was good cause for the non-appearance, is usually the first issue to be addressed at any new, or additional tribunal hearing .. just so the hearing officer knows whether they should proceed on to the original issue, which were most often, in my experience .. good cause for the separation, whether that was a voluntary quit, or discharge for misconduct.

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Jun 04, 2010
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Employer did not show up
by: Anonymous

I just had a hearing yesterday and my employer did not show up. I gave my testimony and submitted a statement of all the events that had taken place. Will my employers see these statements? Right after the hearing my employer tried to contact me as well.



Hi,

They will see the documents if they manage to get a rehearing and you submit them again.

Feb 12, 2015
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base period
by: Anonymous

i was laid off in december 2014. filed for unemployment, got denied because the employer who laid me off wasnt liable. under the base period laws, my base period is july-decmeber of the previous year and jan-june of current year of file date. Which means my employer n that time would be responsible for my unemployment benefits. I quit that job 10 months before i got the job that laid me off. Will i get benefits?




Your comment hardly has a thing to do with the subject of the question you left it under.

But ... what state are we talking about? Or you can just check the voluntary quit disqualifications for your state in the non-monetary chartbook at the USDOL.

I link to the page with all the state comparison charts on the unemployment law page .

The monetary chartbook explains base periods and qualifying wages in a BP

Apr 27, 2017
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My employer did not show on the call...
by: Anonymous

I had a appeal hearing for my denied unemployment in the state of TX and my employer did not show for the conference call hearing. Do I automatically win? Will my unemployment be automatically approved?


Question first: Were you initially denied due to a voluntary quit, or a discharge for misconduct?

Sort of important for me to know anyway, if you really want me to give you some sort of answer to your question. What I know is the hearing was held on your appeal, but don't know if the issue was to find if you had good cause to quit, or your employer had good cause to discharge you for misconduct.

Either way .. winning is not guaranteed, merely because the employer failed to appear.

Who knows, they might of requested a postponement, but the request was denied. In this situation .. I would expect an employer to request a reopening, if the hearing decision were to go your way.

Chris - Unemployment-Tips.com

Jun 16, 2017
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Quit
by: Anonymous

I quit being managed out. Caused me to go on fmla from stress. Employer did not show up for hearing.



And .. your point is?

Chris

Jul 20, 2017
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Employer no show
by: Anonymous

I had an appeal hearing today but my employer didn't show nor was there a call in . The letter that was sent out by the Ui judge states that they were required to be present or call 48 hours in advance with the name and number of person representing them . I was asked questions and have an honest answer. The judge seemed surprised by my answers ( and shocked) and said she had nothing further to ask . It was a 15 minute process. Does this sound like it is in my favor or no.


Seriously Anonymous, there would be no way for me to make an informed guess as to what you're asking .. because I don't know what you testified to .. that shocked the hearing officer.

If you want to elaborate, feel free, just don't do it in another comment, but by taking the plunge and submitting those details .. here, where I accept new questions.

Oct 23, 2017
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Discharged for alcohol test positive
by: Anonymous

I was discharged for alcohol fail. I was made to go to the property to be checked by the nurse for a health check-up. My employer told me to file for unemployment. He said you might get denied,but appeal it and I will not show up for the hearing. Will I win

Nov 27, 2017
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Had A hearing today employer didnt show
by: Anonymous

Good morning, I filed for benefits previously and was denied for failure to prove voluntary quit, which I never quit in the first place. I was fired while out on STD due to a company policy stating after 90 days of leave they automatically terminate employment. Well I provided no documents the first time and lost. I provided emails showing me reaching out ot HR about me returning to work, numerous emails. They terminated me by mail termination effective September 15th. I was still on STD at the time and it didn't end until November 2, the examiner said he didnt need proof of that because it ended after I was terminated. I told him I was being honest about it, I thought I sent a letter from STD but he said he didn't have it. He said he doesn't doubt my honesty because I swore and was under oath. The company did not show for this phone hearing and was given a 10 minute grace period.Do you think I have a good chance, Im in Maryland.



Hi Anonymous,

It sounds to me like a case I'd say .. had a good shot at you winning, or in other words, a good shot an erroneous initial denial would be reversed on appeal, so you can finally start collecting benefits after being discharged for something other than misconduct because you couldn't return to work at the end of ninety days.

Too bad people don't actually heal per the requirements of their employers .. or we might never be allowed to get sick in the first place.

I think you have a good shot because whether your employer had to comply with the FMLA (family medical leave act) or not, your termination wasn't for anything that would fit with all that goes into defining what work related misconduct is, but in truth, because you simply weren't able to do your job when their policy said you had to be ready.

You said this was confirmed by the fact you were on a medically documented short term disability leave that extended beyond the employer's policy of ninety days and the date they terminated employment.

An employer who has less than fifty employer is not subject to the rules and guidelines of the FMLA where an employee can't be fired until twelve weeks of leave per year are exhausted.

In fact, an employer with less than fifty employees, can fire a person merely because they get sick, or stayed sick too long .. for even a week. But if that person then files an unemployment claim it would not be crazy for the employee to assume their employer might fight benefits by using a common strategy to UI claim where health is a major factor.

Others reading this might also recognize that common response that suggests the claimant wasn't actually discharged, but voluntarily quit when they failed to return to work from a medical leave of absence. Oddly, this is often enough for an initial denial, but may also fall apart, if the claimant appeals .. and knows enough to have some sort of documentation submitted into the record to disprove, or rebut .. a voluntary quit to literally prove the circumstances that explain it was a discharge.

And if I need to state my position again .. when an employee .. document, document, document, as if you might have something to prove one day.

The reason an employer not showing up is something I often ask about, is because I know what I used to do for employers and that was to request postponements for employer witnesses, prior to these hearings on a daily basis. When my request was denied, I also knew S.O.P was to use that request I mad for postponement, to get the hearing reopened to get the employer's testimony on the record .. albeit I also knew when I should be worried for the employer, who sometimes didn't understand what a non-appearance issue could do if the failure to appear at the first hearing, really wasn't for a good cause reason, or that which was good enough to of actually had the first hearing postponed.

It's just my opinion that it is all the procedural rules and regulation a state unemployment department may have that claimants and employers alike don't know about that really can get them ..both coming and going.

I think you're in good shape for a reversal though .. based on what you told me about what did happen at the hearing.

All the best,

Chris - Unemployment-Tips.com


Jan 26, 2018
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Appeal
by: CC

Hi, I had my appeal hearing yesterday, my employer didn't show..I quit my job due to impartiality and unfair treatment, I work in health care so asked my employer to move me to another case..I actually asked him twice to move me..he's a very small company and said..no, he had nothing for me, and told me to separate my emotions from my professionalism..anyway, I gave testimony..but don't know if I won?


Hi, I couldn't say either if I think you might win, or not. But to do that, it's because I know there would need to be more discussion that clarifies the conditions of why you asked to be moved to a different case, to determine if the employer saying no twice .. might be argued as being an unreasonable response.

Which is precisely why I offer my services as a coach to offer guidance to those who can't afford representation that knows how to win an unemployment appeal hearing, whether the employer attends the hearing, or doesn't show up, but often still manages to get the appeal reopened by appealing a hearing decision explaining why they didn't appear due to some good cause, just to finally get their testimony .. and or evidence into the record of the hearing.

Of course a claimant can do the same thing to get a case reopened, if they think they have a good cause reason, for not appearing at a lower level appeal hearing.

Chris

Feb 08, 2018
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Hearing win or lose
by: Anonymous

Hi I would like to know how do you feel about this did I win or no....My employer said I voluntarily quit after not giving me any post/site to work at for 6 months and before then they try to give me a pay rate of 9.50 after working for 10.50.

At the hearing they didn't do there questionnaire or show for the hearing.

I showed pay stubs and copies of fixed checks and how I was gonna lose 9-10% of pay for pay cut.

I also showed them write ups that they wrote, but supposedly do away. I also showed them checks that I called about and also, that I called non-stop, to see if there was work and was ignored. Only person I spoke to was human resources and she told me you know what they trying to do to you ( make me quit) but I stayed positive and asked if they were still hiring and she said we're always hiring.

Told the ref at that point it was out my hands


Hi Anonymous,

I hope you went so far as to opt into notifications, so you might read the answer.

Are you sure that HR person wasn't just toying with you .. because what they told you, that someone was trying to get you to quit, doesn't make sense to me .. because she may know full well, how to score points at UI hearings, especially voluntary quits where the employee doesn't know how to score.

Even I might of recommended to an employer to DNA (do not attend) this hearing.

Why .. because what you told me, leads me to believe you just might have refused an offer of suitable work.

One point I'd like to make first is that I don't know the name of the state your hearing took place in, but because you referred to the tribunal hearing officer as the "ref" I might guess PA, since I know that's what they still call hearing officers there.

I actually think you were on the right track to argue you had good cause to voluntary quit, that being .. you quit due to a SUBSTANTIAL change to the terms and conditions of your employment. Which is generally initiated by an employer and in your case, when they offered you continuing work at a dollar less per hour.

However, the problem I see with this argument, is you told me you proved the pay reduction to be around 9 to 10 percent of your previous pay.

Generally speaking, because upon occasion I have read state precedent decisions, that amount, equating to a substantial change in pay to equate to good cause doesn't sound to hot for your chances .. not to mention you were also trying to argue you didn't quit, by explaining you had called and been ignored for six months while you kept calling after you refused a dollar less per hour.

I'm also puzzled why you brought up the write-ups.

I assume you meant those reprimands should of no longer been counted against you, per some employer policy .. but it's still an argument that could be more useful, if you had actually been fired instead of refusing an offer of continuing and arguably, suitable work.

Mentioning you had been written up seems irrelevant to me, unless the plan was to win a hearing focused on the burden of the moving party to end the employment relationship for misconduct.

Which of course would go to how you were fired for something other than work related misconduct.

Chris


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