Missing employer paperwork at EDD appeal hearing - does this mean they aren't contesting my UI claim?

I went through almost the exact same situation in March! My employer didn't submit docs or show up to the hearing. The administrative law judge still had to go through the whole process, but their absence definitely worked in my favor. The judge ruled in my favor about 6 days after the hearing and all my pending payments were released within 48 hours after that. Usually when an employer doesn't contest, it's a good sign, but technically the judge still has to make a ruling based on all available evidence. Stay positive!

Thanks for sharing your experience! That makes me feel better. Did they ask you a lot of questions even though your employer wasn't there? The judge kept asking me for details about incidents I could barely remember from 6 months ago!

employer no show = u win lol. same thing happened to my roommate last year. they dont show up = they got nothing. congrats on ur $$$

This is NOT automatically true. I've been through 2 appeals hearings and have helped others prep for theirs. The ALJ (Administrative Law Judge) still has to make a determination based on evidence, regardless of who shows up. While it certainly helps if the employer doesn't contest, it's not an automatic win. The judge needs to determine if the claimant was fired for misconduct or quit without good cause. The burden of proof typically shifts to the employee when the employer is absent, but you still need to prove your case.

whatever dude, my roommate got approved like 2 days after her hearing when they didn't show. if they dont care enough to show up u WIN

DONT COUNT ON IT!!! My employer didn't submit ANYTHING and didn't show up at my hearing and I STILL LOST MY APPEAL!!! The judge said I had the \

Oh no, I'm sorry that happened to you! That's exactly what I'm afraid of. Did you have any documentation or witnesses to support your side?

I'm an employment attorney who has represented clients in EDD appeals. Here's what you need to understand: When an employer fails to appear or submit documentation, they are essentially not presenting evidence to support their case. This significantly improves your chances, but it's not an automatic win.\n\nIn appeals regarding misconduct terminations, the burden of proof is actually on the employer to prove misconduct occurred. If they don't show up, they've failed to meet this burden. However, the judge will still examine your testimony and any documentation from your initial claim.\n\nRegarding your specific situation - the lack of written warnings works in your favor. \

Thank you so much for this detailed explanation! It really helps to understand the legal aspects. I did mention during the hearing that I never received written warnings or a performance improvement plan, just verbal criticisms. Hopefully that helps my case.

Have you tried contacting EDD to ask about the status of your pending payments? I know waiting for the decision is stressful, but sometimes reaching an EDD rep can help clarify the timeline or even expedite things. I finally got through to EDD after trying for weeks by using Claimyr (claimyr.com). They have this service that gets you connected to an EDD agent usually within 5-15 minutes instead of spending hours redialing. There's a video that shows how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km\n\nMight be worth checking out if you need answers before the written decision arrives. They helped me get my pending payments released faster after my appeal.

I haven't been able to get through at all! I'll check out that service. Did they actually help you get your payments released before the judge's decision came through? I didn't think that was possible.

No, the payments weren't released until after the decision, but the EDD rep I spoke to was able to flag my account so that once the decision came in favorable, my payments processed within 24 hours instead of the typical several days. The rep also explained exactly what I could expect next which helped reduce my anxiety about the whole situation.

I had this exact situation! My former company laid me off but then tried to claim it was for misconduct. When the appeal hearing came, they didn't show up or send any documentation. The judge still asked me detailed questions about my termination, which confused me because I thought it would be dismissed immediately.\n\nAfter about a week, I got the decision in my favor. The judge's written decision specifically mentioned that the employer failed to provide evidence to support their claim of misconduct. All my pending payments (I had about 6 weeks worth) were released within 3 days after the decision letter arrived.\n\nJust be patient for a few more days. Based on my experience and from what others have shared, when an employer doesn't participate in the appeal process, it significantly weakens their position.

Thank you for sharing! This gives me hope. Did you have to call EDD after you received the decision letter to get your payments released, or did they process automatically?

Mine processed automatically, but it took about 3 business days after I got the letter. The status in UI Online changed from

my cousin works for edd and she says employer no-shows happen all the time. most small businesses dont bother with the hearings cuz its not worth their time. ur probably gonna win but u never know with edd they do whatever they want sometimes lol

In my experience assisting with EDD appeals, your situation sounds promising. When employers don't provide documentation or appear at hearings, they fail to establish evidence of misconduct. Here are a few things to note:\n\n1. For a denial based on misconduct, the employer must prove you violated a reasonable employer policy willfully and substantially.\n\n2. Performance issues typically don't qualify as misconduct unless they involve deliberate violation of reasonable policies.\n\n3. Lack of written warnings strengthens your case, as it suggests the employer didn't follow progressive discipline.\n\n4. Even without employer participation, the judge must make a determination based on all available evidence, including your testimony and any documents from your initial claim.\n\nWhen you receive the decision letter, read it carefully. If it's favorable, your pending payments should release within 3-5 business days. If you don't see movement after a week, contact EDD directly.

Thank you for these insights! The judge did ask me if I had received any written warnings, and I was able to honestly say no. It sounds like that was an important point. I'll keep checking my UI Online account for updates after I get the decision letter.