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