What happens if an employer does not attend an unemployment hearing - California EDD appeal process

That makes sense - I figured it wasn't a full automatic win but I wasn't sure if the judge could just dismiss it in my favor. Good to know I should still walk in prepared.

Agreed with this. Had a hearing last spring where my former employer didn't send anyone and I still had to go through my whole story with the judge. The absence definitely helped the credibility side of things but the judge still asked me a lot of questions.

wait does the employer have to tell the judge in advance they're not coming or do they just not show up

CalJOBS registration causing a delay is wild - I had no idea that could hold things up even when an appeal is pending. I'll double-check my registration status.

that CalJOBS thing happened to my coworker too, edd showed no record of it even though he registered. had to do it again

Good point about sorting admin stuff before the hearing. Having pending weeks that could have been released earlier because of a data issue would be really frustrating.

So the original claim file still matters even if they're absent. I should probably be ready to address whatever the employer originally said in their response to EDD.

Exactly this. The file usually includes the employer's written response to EDD's initial claim notice. That's what you're really countering at the hearing even if they're not physically there.

does the judge share the employers written response with you before the hearing or do you have to request it

What kind of questions caught you off guard? I want to make sure I'm ready for the stuff I haven't thought about.

Mostly around timelines - like exactly when certain conversations happened, who else witnessed things, whether I had raised concerns through HR before the incident they used as the reason. I had the broad strokes but not the specifics memorized.

the timeline thing is so real. judges love asking for exact dates and if you say 'around this time' it doesn't land as well

Mine came about two weeks before so the timing was fine. And yeah, this was a mid-size company, surprised they'd skip it honestly given how aggressive they were during the initial claim.

Companies sometimes calculate that sending someone to testify creates more risk than just letting the appeal proceed without them. Especially if the person who actually made the firing decision doesn't want to be under oath about it.

That's a really good point about the oath factor. The original written response to EDD isn't under oath. Testimony at the hearing is.

Already doing this - I mentioned it in my original post but glad you flagged it because I know some people stop when they're in an appeal thinking it doesn't matter.

So many people make that mistake. Then they win the appeal and find out there's a gap they can't fill because they stopped certifying.

wait can you certify even if the weeks show pending in UI Online? I stopped because I thought pending meant I couldn't

oh wow I didn't know that, I've been waiting to certify until things cleared. so I should just keep certifying normally?

Yes, certify on your normal schedule. The pending status on past weeks doesn't affect whether you can certify for recent weeks.

Profile 20, phone EDD the same day if you have a gap - ask them what your options are. Some situations have remedies but you have to contact them.

That tracks with my situation honestly. The reason they gave for the firing was pretty thin and would fall apart under any real questioning.

And the judge can note in the decision that the employer didn't appear. It's part of the record.

is that something you explicitly ask the judge to note or does it just happen automatically

Ha, this is a thing - companies sometimes send HR people who have no firsthand knowledge of events and it makes their case fall apart.

Exactly. The judge kept asking this HR person directly what she observed and she hadn't observed anything. At that point their written response was their whole case anyway.

Good call, I have it. The stated reason was misconduct related to attendance, which I have documentation to rebut.

Attendance cases usually come down to whether you were warned, whether you had legitimate reasons, and whether you followed whatever process they had. All of that is stuff you can present without the employer there to dispute it.

Documentation of any warnings received - or not received - is especially important in attendance cases. If their own progressive discipline policy wasn't followed, that matters.

That's reassuring. I've been going back and forth about whether to find a union rep or attorney but it sounds like it's manageable to go in alone.

A union rep or attorney definitely helps if you have access to one, but if you don't, don't panic. The judge genuinely wants to get to the truth of what happened.

I went alone to mine and the judge was actually pretty patient with me when I didn't understand a question the first time

Really useful framing. I was going to try to lay out my whole two years at the company but maybe I should focus it more on the specific incident and the attendance records around that time.

Exactly right. The judge is there to review the specific determination. Keep it targeted.

A whole interview that wasn't even scheduled on their end - that kind of thing would never have come to light from just checking UI Online.

An agent being able to actually see what flag is holding up a claim makes a huge difference. UI Online just shows pending with no explanation.

Right, the UI Online Claim History just said pending for weeks. The agent was the one who saw the specific hold and what it was.

I had no idea I could request the file before the hearing. That would let me see exactly what the employer submitted originally and prepare to counter it.

Yes, the record includes what both sides submitted during the initial claim process. Reviewing it in advance means no surprises during testimony.

This is good practical advice. Knowing what's in the file means you can specifically address the employer's original statements even when they're not there to elaborate on them.

The burden framing is helpful - I'd been thinking about it as me needing to prove something rather than them needing to prove misconduct.

Worth noting: the burden language in EDD's own materials is specifically that the employer must prove misconduct. That framing matters at a hearing.

And an absent employer proving anything is pretty much impossible. Their written initial response is in the file but they can't testify to it, expand on it, or answer questions about it.

Same experience here - the follow up answer is basically dead weight. The judge needs answers during the hearing.

Exactly. And when you're on your side telling a clear consistent story and they're on their side saying 'I'd have to check' - the contrast is not subtle.

Numbering pages is a small thing but I can see how it would signal organization to the judge. Doing this.

Also keep a copy for yourself and one to offer to the judge. I didn't know I was supposed to bring multiple copies and it was awkward.

The notice of hearing itself usually says to bring copies - worth rereading it carefully for any specific instructions about documents.

Witnesses can testify at the hearing - anyone with direct knowledge of what happened can appear. Notify the Office of Appeals in advance that you're bringing a witness. The notice of hearing may have instructions on this.

Witnesses who were actually present for the incidents in question are the most useful. Character witnesses are less impactful than people who saw what happened.

okay so I should probably line up someone before the date and let the appeals office know. good to know

That wages documentation thing can quietly cause problems. Good to get confirmation from an agent rather than just hoping the numbers are right.

Wages questions are so specific to your own claim file - exactly the kind of thing that needs an agent rather than a canned message through Ask EDD.

Good to know about the two-level structure. I was under the impression the judge's word was final. If I win at this level though I'm hoping I don't need to go further.

If you win, EDD processes the certified weeks. If the employer somehow does appeal (yes they can appeal too even if they skipped the hearing), you'd get a notice about the next level.

Employer appealing after skipping the hearing would be something. The absence would be part of the record at every subsequent level.

The quit versus fired distinction matters a lot. For me it's purely about whether what they called misconduct actually qualifies as that under EDD's standard, and I'm confident it doesn't hold up.

For anyone reading this later who quit: the standard is different - you have to show your reason for quitting was substantial, not the other way around. These two situations have different burdens.

I've been screenshotting my certification confirmations in UI Online just for this reason. Hopefully unnecessary but better to have them.

Screenshots are smart. The certification history is in UI Online but having your own record is a backup.

the confirmation screen after certifying also shows the dates covered, worth saving that every time