EDD appeal hearing by phone - Does ex-employer have to attend? What if they don't show?

Yes, your former employer is supposed to attend the phone hearing. If they don't show up, it typically works in your favor, but it doesn't guarantee you'll win automatically. The judge will make their decision based on the evidence that IS presented, which would mainly be your testimony and any documentation you provide. Bring all your documentation proving the layoff was due to restructuring - any emails, termination letters, etc. Have your dates of employment ready, and be prepared to explain exactly what happened in a clear, concise way. When I had my hearing last year, my employer didn't show up and I won my appeal. Just make sure you call in on time and are prepared to tell your side professionally without getting emotional.

when i had my hearing the employer didnt show up either and the judge was like "since the employer isnt here to provide evidence for their claim of misconduct, im ruling in favor of the claimant" took like 20 mins total. good luck!

I HAD THE SAME THING HAPPEN TO ME!!! My boss claimed I was fired for being late all the time but I had PROOF I was laid off with 5 other people!!! The judge said my employer HAD to attend but they NEVER SHOWED UP!!!! I got approved for benefits and got all my backpay too. Just be respectful to the judge and answer the questions directly. GOOD LUCK!!!

According to EDD guidelines, your employer is expected to attend the appeal hearing, as they are the party that provided the information that led to your disqualification. If they don't appear, the Administrative Law Judge (ALJ) will proceed with the hearing based on available evidence. Here's what typically happens if they don't show: 1. The judge will note their absence for the record 2. You'll still need to present your case and evidence 3. The judge will consider any written statements or documentation your employer previously submitted to EDD 4. Without your employer there to refute your testimony, your statements will generally carry more weight While an employer no-show often benefits the claimant, it's not an automatic win. The judge must still find that you were eligible for benefits based on the evidence presented. Make sure to submit any relevant documentation before the hearing and be prepared to clearly explain your separation from employment. I'd recommend reviewing the Appeal Hearing information on the EDD website and preparing a timeline of events to reference during your hearing.

my hearing was supposed to be about misconduct too but it turned into this whole thing about whether i had properly searched for work during my claim period which wasn't even what the appeal was about! so be prepared for random questions that might not seem relevant at first. oh and my boss didn't show up either lol

I had a hearing in February where my employer claimed I quit voluntarily when I was actually laid off. I couldn't get through to EDD for weeks to clarify what documentation I needed to submit before the hearing. Finally used a service called Claimyr (claimyr.com) that got me connected to an EDD rep in about 20 minutes. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The rep explained exactly what evidence I needed to submit and how to prepare. My employer didn't show up to the hearing, and the judge ruled in my favor. Got over $5,600 in backpay within 10 days. Definitely worth preparing properly before your hearing!

To directly answer your question: Yes, your employer should attend, but no, their absence doesn't guarantee a win. Here's why: The burden of proof is on your employer to demonstrate misconduct, so their no-show significantly weakens their case. However, if they've already submitted substantial written evidence that convinced EDD initially, the judge will still consider that evidence. In my experience as someone who's helped several people through appeals, about 80% of cases where the employer doesn't show result in the claimant winning - but that remaining 20% can be heartbreaking if you're not prepared. Make sure you: 1. Submit ALL evidence at least 24 hours before the hearing 2. Prepare a 2-3 minute opening statement explaining the facts of your separation 3. Have your termination letter, performance reviews, and any communication about the restructuring ready 4. Practice answering questions about your separation without becoming defensive The judge will typically render a decision within 7-14 days after the hearing.

I had my EDD appeal hearing last month after being denied initially. My employer did show up (uggh) and tried to claim I was fired for violating company policy. I was so nervous I could barely speak clearly! But I had documentation proving I'd never been written up or warned about any policy violations. The judge was actually really fair and asked clarifying questions to both sides. I got my decision letter about 10 days later saying I was eligible for benefits. From talking to others who've gone through this, it seems like if your employer doesn't show up, the judge often rules in your favor, but not always. Make sure you call in 5 minutes early for the hearing! My friend was late to hers and the judge had already moved on to the next case.

To answer your follow-up question about evidence: Yes, you should submit copies of all your evidence to the Appeals Board before your hearing. The notice you received should include instructions on how to do this. Generally, you can email, fax, or mail copies of your documents. Make sure you also have copies for yourself to reference during the call. Judges typically receive decisions within 7-14 days, though some complex cases might take longer. You'll receive the written decision in the mail. As for needing a lawyer - most people represent themselves successfully in these hearings. The process is designed to be accessible without legal representation. However, if your case involves complex legal issues or significant backpay amounts, you might consider at least consulting with an employment attorney.

I went through this exact situation about 6 months ago! My employer claimed misconduct but didn't show up to the hearing. The judge still asked me detailed questions about my separation and wanted to see my documentation, but without my employer there to challenge my testimony, it definitely made things easier. One thing I wish I'd known beforehand - the judge will ask you specific questions like "What was the exact reason given for your termination?" and "Do you have any documentation supporting your claim?" So practice giving clear, factual answers without rambling. Also, make sure you understand the difference between being "laid off due to restructuring" versus being "terminated for misconduct" - the judge will want you to explain this clearly. Since you have that termination letter mentioning restructuring, you're in a good position! The whole process was way less scary than I expected. Just stay calm, be honest, and stick to the facts. You've got this!

I just went through this process a few weeks ago and can share what happened in my case. My former employer was supposed to attend but never called in. The judge waited about 10 minutes past the scheduled start time, then noted their absence on the record and proceeded with just my testimony. The key thing to remember is that even if your employer doesn't show up, you still need to present a compelling case. The judge will have access to whatever documentation your employer submitted when they initially contested your claim, so don't assume it's an automatic win. In my situation, I had emails showing the layoffs were company-wide due to budget cuts, and my supervisor had even written "reduction in force" on my termination paperwork. The judge asked me to walk through the timeline of events and explain why I believed the employer's misconduct claim was incorrect. The hearing took about 25 minutes total, and I got my decision letter exactly one week later - approved for benefits with full backpay. Just make sure you're prepared to clearly explain your version of events and have your documentation ready to reference. The judges are generally fair and understand that employers sometimes contest claims to avoid higher unemployment insurance rates. Good luck with your hearing next Friday! Stay calm and stick to the facts.

I'm going through a similar situation right now - my hearing is scheduled for next month and I'm also dealing with a misconduct claim that's completely false. Reading through everyone's experiences here has been incredibly helpful and reassuring. One question I have is about the phone setup - do they call you or do you need to call in to a specific number? I'm worried about technical issues or missing the call somehow. Also, has anyone had experience with the judge rescheduling if there are connection problems? It's encouraging to see so many people successfully navigate this process, especially when employers don't show up. I'm definitely going to follow the advice here about preparing a timeline and gathering all my documentation. Thanks everyone for sharing your experiences - it really helps to know what to expect!

I went through this exact same situation about 8 months ago! My employer claimed I was fired for performance issues when I was actually laid off due to company downsizing. They didn't show up to my phone hearing, which definitely helped my case. Here's what I learned: Even though your employer not showing up is a good sign, you still need to be fully prepared. The judge will have whatever initial documentation your employer submitted to EDD, so don't assume it's an automatic win. Make sure you have your termination letter mentioning "department restructuring" ready to reference, and practice explaining the timeline clearly. The judge asked me very specific questions like "What exactly did your supervisor tell you when you were terminated?" and "Did you receive any prior warnings about performance?" My hearing lasted about 30 minutes, and the judge was very professional and fair. I received my decision letter 9 days later - approved with full backpay of over $4,200. One practical tip: Test your phone connection beforehand and make sure you're somewhere quiet. I used my landline instead of my cell phone to avoid any connection issues. You've got this - just stay calm and stick to the facts!