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

by Ava
(san diego, ca)

Hi there,


I just had my appeal court today and my employer didnt show up but they wrote a letter. do i automatically win because the judge still asked me questions. Also, I didnt ask any questions I just answered the judges questions with honest answers is that good?



Hi Ava,

No, you won't automatically win the hearing.

But the advantage of the employer not showing up in person, is that a written statement in lieu of testimony is given more weight than a written statement and the employer couldn't rebut anything you testified about. So the advantage was definitely yours.

But your testimony still matters. The claimant or "the unemployed person" may still give self disqualifying testimony.

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

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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

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