No-show employer at EDD appeal hearing - what happens now with my unemployment claim?

This is actually GOOD NEWS for you! I went through this exact situation last year and won my appeal. When the employer doesn't show up, they basically forfeit their chance to dispute your side of the story. The judge can only consider the evidence in front of them, which is now just YOUR evidence and testimony. The judge still has to make a decision based on the facts and applicable laws, but without the employer there to contradict anything you said, your version stands uncontested. As long as your reason for separation qualifies you for benefits under CA unemployment laws, you should be fine. The 10-14 days timeline is accurate in my experience. Just keep checking your UI Online account - you'll see the status change there before you get the official letter.

congrats lol ur pretty much guaranteed to win now. employer no shows are the best. got $11k in backpay when mine didnt show up

While an employer no-show is typically advantageous, I want to clarify that it's not an automatic win. The Administrative Law Judge still evaluates your testimony and evidence against the legal standards for unemployment eligibility. That said, without contradictory testimony, your version of events will stand as the primary evidence. The judge will issue a written decision that includes findings of fact and conclusions of law explaining the rationale. If you win, EDD will process payments for all weeks you properly certified during the appeal period, usually within 7-10 days of the decision being entered into their system. Continue certifying every two weeks while waiting. If your previous employer submitted written evidence prior to the hearing, the judge will consider this even if they didn't attend. Did the judge mention if there were any documents from your employer in the case file?

I've been through the EXACT same situation and I can tell you that EDD is still TERRIBLE at updating the system even after you win. I won my appeal when my employer no-showed but it still took almost 3 WEEKS after receiving the favorable decision before my UI Online account updated and I got paid! Keep calling every single day after you get your decision if nothing changes online. They claim they're "processing" but really someone just needs to push the right button to release your funds. The appeal decision has to be manually entered into their system and sometimes it gets backlogged.

I went through this in April. Won my appeal because employer didn't show. Got my decision letter in 8 days, but then nothing happened for weeks. So frustrating!!

Yes, finally got paid after 5 weeks! Had to keep calling though. They said there was a "processing delay" whatever that means.

When I had my appeal hearing last year, my employer showed up but was completely unprepared and contradicted their own written statements. The judge actually seemed annoyed with them! I think judges get frustrated when employers make accusations they can't back up or don't take the process seriously. Did your judge seem sympathetic to your situation at all? Sometimes you can tell by their questions whether they're leaning one way or another. My judge asked me really detailed questions about my work search efforts which made me nervous, but I still won in the end.

Look for a letter from the California Unemployment Insurance Appeals Board in your mailbox - that's how you'll get the official decision. Mine came exactly 12 days after my hearing. If you win, don't celebrate until you actually see the money in your account! The EDD system is incredibly slow to update after appeals. Also, if you haven't already, make sure all your certification weeks are complete and up to date. Even for weeks you were disqualified. They can't pay you for weeks you haven't certified, even if you win your appeal.

i tried calling edd for weeks after my appeal and never got through. then i found this service called Claimyr that got me connected to an EDD rep in 20 minutes when i hadnt been able to get through for days trying on my own. they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km once i got through to a rep they were able to release my backpay right away. apparently my appeal decision was just sitting there needing manual processing. their website is claimyr.com if you end up needing help getting through after you win

btw make sure u kno that winning an appeal can take 2-3 months to actually get paid out. edd is so slowww

OP, can I ask how long it took from when you filed your appeal to when you got your hearing date? I just filed my appeal last week and wondering what to expect for timeline. Congrats on the employer no-show!

One more important piece of advice: make a copy of your favorable decision letter when you get it! You might need it later if there are any payment issues. EDD reps can sometimes see the appeal outcome in their system, but not always the details. Having that letter with the case number and specific findings makes resolving any problems much easier. Also, if your employer doesn't appeal the judge's decision within 30 days (which is rare), then the decision becomes final. Just be aware there is a small possibility your employer could appeal if they disagree with the judge's decision.

Yes, you would receive written notification if your employer appeals the Administrative Law Judge's decision to the California Unemployment Insurance Appeals Board (CUIAB). This is a second-level appeal and relatively uncommon, especially after an employer no-show at the first level. To address your earlier question: after a favorable decision, you should call the EDD Appeals Office (not the regular UI number) if your benefits aren't released within 10 business days. The number should be listed on your decision letter. They can check if the decision has been implemented in the system and escalate if needed. Based on current processing times, most claimants are seeing their UI Online accounts updated within 7-14 days after a favorable decision, though some delays still occur due to backlogs.

Hey Dallas! I just wanted to add some encouragement - I had my appeal hearing 6 months ago and my employer also no-showed. Like others have said, it's definitely a good sign for you. The judge was very thorough in my case and asked detailed questions about my termination, but without my employer there to dispute my testimony, I felt much more confident. One thing I wish someone had told me: even though the judge said 10-14 days for the decision, mine actually came in 9 days, so keep checking your mail daily! And definitely keep certifying every two weeks like you've been doing - that was crucial for getting my full backpay. The waiting is absolutely nerve-wracking when you're living on credit cards (been there!), but based on what you've described about being laid off for "position elimination" versus their misconduct claims, you should be in good shape. Fingers crossed for you! 🤞

I'm new to this whole appeals process and reading through everyone's experiences here is really helpful! I just filed my appeal last week after being disqualified for "voluntary quit" even though I was clearly laid off due to company downsizing. Dallas, your situation sounds really promising - the fact that your employer didn't show up after making misconduct claims they can't back up should definitely work in your favor. I'm taking notes on everyone's advice here about keeping copies of everything and calling the appeals office if there are payment delays. Question for the group: has anyone dealt with an employer who initially claimed one reason for termination to EDD but then tried to change their story during the appeal process? My former employer told EDD I "quit" but I have emails showing they eliminated my position. I'm worried they might try to come up with new excuses at my hearing.

I just went through a similar experience in January! My employer also no-showed at the appeal hearing after claiming "misconduct" when I was actually terminated due to budget cuts. The judge was very professional and asked thorough questions about my work performance, any warnings I received, and the circumstances of my termination. What really helped my case was having all my documentation organized - performance reviews, emails about the budget situation, and my termination letter. Since your employer didn't show up to defend their misconduct claims, your testimony and evidence will likely stand uncontested. I received my decision letter in exactly 10 days and won the appeal. The hardest part was waiting for EDD to actually process the payments - it took about 3 weeks after the favorable decision before my UI Online account updated and I received my backpay for all those weeks I had been certifying. Stay positive! The fact that they made serious accusations but couldn't be bothered to show up and defend them speaks volumes about the weakness of their case. Keep certifying every two weeks and checking your mail daily. You've got this! 💪

Just wanted to chime in as someone who went through this exact scenario about 8 months ago! My employer also no-showed after claiming misconduct, and I won my appeal. The judge was very thorough and asked detailed questions, but without the employer there to back up their claims, my testimony and documentation carried the day. A few tips based on my experience: 1. The decision letter came in 11 days (right in that 10-14 day window they mentioned) 2. Keep certifying every two weeks religiously - you can't get backpay for weeks you didn't certify 3. When you win, it took about 2 weeks for my UI Online account to update and payments to start flowing 4. I got backpay for all the weeks I had been disqualified during the appeal process The waiting is absolutely brutal when you're surviving on credit cards, but your situation sounds very promising. Having "position elimination" documented while they claim misconduct without showing up to defend it? That's a winning combination right there. Keep checking your mailbox daily starting around day 8-9. You've got this! 🍀

I'm going through something very similar right now - just had my appeal hearing yesterday and my employer was a complete no-show too! Like you, I was super nervous and over-prepared with all my documentation, then ended up sitting there while the judge tried calling them multiple times. It's so frustrating because they made these serious misconduct allegations when I filed my claim, but then couldn't even be bothered to show up and defend their position. The judge seemed professional but I couldn't read her at all, which is making the waiting even more nerve-wracking. Reading through everyone's experiences here is giving me so much hope though! It sounds like employer no-shows combined with contradictory claims (like your "position elimination" vs misconduct situation) usually work out well for claimants. I'm also surviving on credit cards right now so I totally feel you on checking that UI Online account obsessively. Going to start watching my mailbox like a hawk starting next week. Keeping my fingers crossed for both of us! 🤞

I've been following this thread and wanted to share my recent experience that might give you some additional peace of mind! I had my appeal hearing about 6 weeks ago and my employer also no-showed after initially claiming I was fired for "poor performance" when I was actually laid off due to restructuring. The judge was very thorough and asked me detailed questions about my job duties, any performance issues, and the exact circumstances of my separation. Since I had documentation showing the layoff was due to company restructuring and my employer wasn't there to present contradictory evidence, I felt confident leaving the hearing. Got my decision letter in 12 days - I won! The judge's written decision specifically noted that without the employer's testimony or additional evidence, my account of the separation was accepted as credible. The payment processing took about 10 days after I received the favorable decision letter. One tip: I called the Appeals Office number (listed on my decision letter) on day 8 to check status, and the rep was actually very helpful in confirming my case was being processed. You sound like you were well-prepared and have good documentation of the "position elimination" vs their misconduct claims. Combined with their no-show, I'd be very optimistic about your outcome. Keep checking that mailbox! 📬

I went through this exact same situation about 4 months ago! My employer also no-showed after claiming misconduct when I was actually terminated due to "workforce reduction." The judge was very professional and asked detailed questions about my termination, any warnings I received, and my work performance history. What really worked in my favor was having all my documentation organized - termination letter stating workforce reduction, emails about company downsizing, and performance reviews showing I was meeting expectations. Since my employer didn't show up to defend their misconduct allegations, the judge could only consider my evidence and testimony. I received my decision letter in exactly 9 days and won the appeal! The judge's written decision specifically mentioned that the employer's failure to appear meant their misconduct claims went unsubstantiated. It took about 2 weeks after the favorable decision for my UI Online account to update and for payments to start. Your situation sounds very promising - having "position elimination" documented while they claim misconduct but can't even show up to defend it is a strong position. The fact that you were so prepared with documentation while they were complete no-shows really speaks to the weakness of their case. Keep certifying every two weeks and checking your mail daily starting around day 8. You've got this! 🤞

Reading through all these experiences is giving me so much hope! I had my appeal hearing last month and my employer also didn't show up after claiming I was terminated for "attendance issues" when I was actually laid off due to budget cuts. The judge asked me really detailed questions about my attendance record, any disciplinary actions, and the circumstances around my termination. I brought all my documentation including my termination letter that clearly stated "reduction in force" and emails from HR about the company-wide layoffs. Without my employer there to back up their attendance claims, I felt much more confident by the end. I'm still waiting for my decision (it's been 8 days) but after reading everyone's positive outcomes with employer no-shows, I'm feeling more optimistic. The pattern seems pretty clear - when employers make claims they can't or won't defend in person, it usually works out well for the claimant. Dallas, your situation with the "position elimination" vs misconduct contradiction sounds even stronger than mine! I'll be checking this thread to see how it turns out for you. Fingers crossed we both get good news soon! 🤞

Just wanted to add another success story to give you even more confidence! I went through this exact situation about 3 months ago - employer claimed "insubordination" when I was actually laid off due to company restructuring, then they completely no-showed at the appeal hearing. The judge was very thorough and professional, asking detailed questions about my work history, any disciplinary actions, and the specific circumstances of my termination. I had all my documentation ready including my layoff notice that clearly stated "organizational restructuring" and emails about the company downsizing. Got my decision letter in 11 days and won the appeal! The written decision specifically noted that without the employer's testimony or evidence to support their insubordination claims, my version of events was accepted. Payment processing took about 12 days after that - my UI Online account updated and I received full backpay for all the weeks I had been certifying during the appeal. Your "position elimination" documentation combined with their misconduct claims and no-show is an even stronger position than mine was. When employers make serious allegations but can't even bother to defend them, it really shows the weakness of their case. You were clearly well-prepared and they weren't - that should work heavily in your favor. Keep checking your mailbox starting day 8 and definitely keep certifying every two weeks! Based on all the experiences shared here, you should be getting good news very soon. Rooting for you! 🙌

I just wanted to add my voice to all the encouraging responses here! I went through this exact scenario about 5 months ago - employer claimed "violation of company policy" after I was actually terminated due to department closure, then they completely no-showed at my appeal hearing. The Administrative Law Judge was very professional and asked thorough questions about my job performance, any policy violations, and the circumstances surrounding my termination. I came prepared with my termination letter clearly stating "department elimination," emails about the office closure, and my clean disciplinary record. Without my employer there to substantiate their policy violation claims, I felt much more confident as the hearing progressed. Received my decision letter in exactly 10 days - favorable outcome! The judge's written decision noted that the employer's failure to appear left their allegations unsupported by evidence or testimony. It took about 2 weeks after the decision for my UI Online account to update and for me to receive backpay for all certified weeks during the appeal period. Dallas, your situation sounds incredibly strong - having "position elimination" documented while they claim misconduct but can't even show up to defend it is about as good as it gets for an appeal. You were obviously well-prepared while they completely abandoned their case. Keep certifying every two weeks and start checking your mail religiously around day 8. Based on everyone's experiences here, you should be celebrating very soon! This community has been so helpful for people going through this stressful process. 🍀

I went through this exact situation about 2 months ago and wanted to share my experience to give you some hope! My employer also no-showed after claiming "misconduct" when I was actually laid off due to company downsizing. The judge was very professional and asked detailed questions about my termination, any warnings I received, and my overall work performance. I had all my documentation organized - termination letter stating "workforce reduction," emails about budget cuts, and performance reviews showing I met expectations. Since my employer didn't show up to defend their misconduct allegations, my testimony and evidence went unchallenged. I received my favorable decision letter in exactly 12 days and won the appeal! The judge's written decision specifically mentioned that the employer's failure to appear meant their misconduct claims lacked supporting evidence. My UI Online account updated about 2 weeks later and I received full backpay for all the weeks I had been certifying. Your situation sounds even stronger than mine was - having clear "position elimination" documentation while they claim misconduct but can't even bother to show up is about as good as it gets. You were obviously prepared while they completely abandoned their case. That speaks volumes about who's telling the truth here. Keep certifying every two weeks and start checking your mailbox obsessively around day 8! Based on all the success stories in this thread, you should be getting very good news soon. This whole process is incredibly stressful but you're in a really strong position. Hang in there! 🤞

I'm new to this community but have been lurking and reading everyone's experiences with EDD appeals. Dallas, your situation sounds incredibly promising! I went through something similar about 6 months ago where my employer claimed "poor performance" but I was actually laid off due to company restructuring. What really stands out about your case is that you have documentation showing "position elimination" while they're claiming misconduct - that's a huge contradiction that works heavily in your favor. Combined with them not showing up to defend their claims, you're in an excellent position. The judge asking detailed questions is totally normal - they have to establish the facts for their written decision. The fact that you were so prepared with documentation while your employer couldn't even be bothered to appear really says everything about the strength of your respective cases. I got my decision in 11 days and won, then it took about 2 weeks for payments to start flowing. Keep certifying every two weeks like you've been doing - you'll get backpay for all those weeks once you win. The waiting is brutal when you're on credit cards (been there!), but based on everything you've shared, you should be celebrating soon! This thread has become such a great resource for people going through appeals - everyone's experiences are so helpful. Keeping my fingers crossed for you! 🤞

I just went through this exact scenario about 3 weeks ago! My employer also no-showed after claiming "willful misconduct" when I was actually terminated due to "reduction in workforce." The waiting for the decision is absolutely nerve-wracking, but based on your description, you're in a really strong position. What really helped me feel confident was that I had clear documentation (like your "position elimination" evidence) while my employer made serious allegations but couldn't even bother to defend them. The judge was very professional in my case too - asked lots of detailed questions but didn't give any hints about which way they were leaning. I got my decision letter in exactly 10 days and won! The key thing the judge noted in the written decision was that without the employer's testimony or evidence to support their misconduct claims, my documented version of events was accepted as credible. Pro tip: I called the Appeals Office number (it was on my decision letter) on day 12 when my UI Online still hadn't updated, and they were actually helpful! The rep confirmed my favorable decision was being processed and said it usually takes 10-15 business days for the system to update after appeals decisions. Keep certifying every two weeks and checking your mail daily starting around day 8. With your documented "position elimination" vs their undefended misconduct claims, I'd be very optimistic. You've clearly got this! 🤞