No-show employer at EDD appeal hearing - what happens now with my unemployment claim?
Just got back from my EDD appeal hearing for my unemployment disqualification, and my former employer never showed up! I was so prepared with all my documentation and practiced my statement, but then I sat there waiting while the Administrative Law Judge tried calling them multiple times. After about 20 minutes, the judge proceeded with just me present. The judge asked me questions about my termination and took my evidence, but didn't make any decision on the spot. She just said they'd mail me the decision within 10-14 days. Has anyone been through this? Does the employer not showing up usually work in your favor? I'm really anxious because I have about $7,800 in benefits riding on this decision and I've been surviving on credit cards since February. I'm checking my UI Online account obsessively but nothing's changed yet.
25 comments
Reina Salazar
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.
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Dallas Villalobos
•Thank you so much for sharing your experience! That makes me feel a bit better. I was laid off due to "position elimination" but they tried to claim misconduct after I filed for unemployment. Since they weren't there to back up their claims, I'm hoping the judge will see through it. Did you receive backpay for all the weeks you certified while waiting for the appeal decision?
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Saanvi Krishnaswami
congrats lol ur pretty much guaranteed to win now. employer no shows are the best. got $11k in backpay when mine didnt show up
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Dallas Villalobos
•OMG that would be amazing! I've been certifying every two weeks even though it's all been showing as "disqualified" - I'm assuming they'll convert those to paid if I win?
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Demi Lagos
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?
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Dallas Villalobos
•The judge did mention having some paperwork from my employer - I think it was the response they gave to EDD initially when my claim was filed. But she said some of their statements were vague and she couldn't ask them follow-up questions since they weren't there. I made sure to specifically address their written allegations during my testimony.
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Mason Lopez
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.
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Dallas Villalobos
•Thanks for the heads up! I'll definitely stay on top of it. Did you have to call the regular EDD number or is there a special appeals/payment number to call after winning?
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Vera Visnjic
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!!
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Dallas Villalobos
•Oh no! Did you eventually get your payments? How long did it take after you got the decision letter?
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Vera Visnjic
Yes, finally got paid after 5 weeks! Had to keep calling though. They said there was a "processing delay" whatever that means.
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Jake Sinclair
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.
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Dallas Villalobos
•The judge was pretty neutral - very professional and didn't show much reaction to anything I said. She did ask a lot of questions about the exact reasons for my termination and whether I received any warnings. I couldn't really tell what she was thinking, which is making the waiting even harder!
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Brielle Johnson
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.
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Dallas Villalobos
•Thanks for the reminder - I've been certifying religiously every two weeks even though it's been discouraging to keep seeing "disqualified" for months. I'll definitely watch for that letter from the Appeals Board!
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Honorah King
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
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Dallas Villalobos
•That's really good to know - I'll bookmark that for later if I need it. I've definitely experienced the frustration of calling EDD over and over again with no luck. Thanks for the recommendation!
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Saanvi Krishnaswami
btw make sure u kno that winning an appeal can take 2-3 months to actually get paid out. edd is so slowww
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Dallas Villalobos
•Ugh that's what I'm afraid of. I'm already 3 months without benefits because of this disqualification. Rent is going to be a problem next month...
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Mason Lopez
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!
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Dallas Villalobos
•It took exactly 11 weeks from filing my appeal to getting my hearing date. Then another 3 weeks until the actual hearing. So about 14 weeks total from appeal to hearing. The waiting is brutal - hope yours goes faster!
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Reina Salazar
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.
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Dallas Villalobos
•That's a great tip about keeping copies of everything. I've been documenting this whole nightmare since it started. I really hope my employer doesn't appeal - that would mean even more waiting. Is there any notification if they do file an appeal of the judge's decision?
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Demi Lagos
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.
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Dallas Villalobos
•Thank you for all this detailed information! I'll definitely use the appeals office number if there are delays after I get the decision. Really hoping for good news next week.
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