What happens if an employer does not attend an unemployment hearing - NYS Department of Labor
I have an unemployment hearing scheduled next week because my former employer contested my claim saying I was fired for misconduct. The hearing notice from NYS Department of Labor said both parties would participate by phone. Yesterday I got a message from the hearing officer asking me to confirm my attendance, but I'm wondering - what actually happens if my employer just doesn't show up to the hearing? Will they automatically rule in my favor or do they still need to hear my side of the story? I'm nervous because I really need these benefits and I've been waiting almost 6 weeks for this to get resolved.
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Haley Bennett
If your employer doesn't attend the NYS Department of Labor hearing, the administrative law judge will typically proceed with the hearing using only the evidence and testimony available. They'll still want to hear your side of the story even without the employer present. The judge will review any documentation the employer submitted when they initially contested your claim and make a decision based on that plus your testimony. It doesn't automatically mean you win, but it definitely helps your case since they can't cross-examine you or present additional evidence against you.
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Rami Samuels
AuthorThat's really helpful, thank you! Should I still prepare like they're going to be there or can I be more relaxed about it?
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Douglas Foster
Definitely prepare as if they're going to show up. The hearing officer will still ask you detailed questions about what happened and you want to have your facts straight. Bring any documentation you have - emails, write-ups, witness statements, anything that supports your version of events. Even if the employer is a no-show, you still need to prove your case to the judge.
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Nina Chan
This is so true. My employer didn't show up to my hearing last year but I still had to explain everything in detail and answer a bunch of questions.
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Michael Rumrill
@Nina Chan did you end up winning your case?
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Michael Rumrill
@Nina Chan did you end up winning your case?
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Ruby Knight
honestly employers skip these hearings all the time because they know they don't have a good case... if they had solid evidence of misconduct they would definitely show up to defend it. sounds like you might be in good shape
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Diego Castillo
I really hope so! It's been such a stressful process and I just want to know either way so I can plan my finances.
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Logan Stewart
I had trouble getting through to NYS Department of Labor to ask questions about my hearing procedures, but I found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you need to clarify anything before your hearing - the agent I spoke with was really helpful about explaining what to expect.
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Rami Samuels
AuthorThanks for the suggestion! I might try that if I have more questions after reading through all my paperwork again.
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Mikayla Brown
Just want to add that even if your employer doesn't attend, make sure YOU don't miss the hearing! If you're a no-show but they attend, you'll automatically lose. The hearing will proceed at the scheduled time regardless of who shows up.
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Simon White
One thing to keep in mind is that even if your employer doesn't show up, the judge will still review any written documentation they submitted when they initially contested your claim. Make sure you're prepared to address whatever allegations they made about misconduct. If you haven't already, request a copy of their contest statement from the Department of Labor so you know exactly what you're responding to. Good luck with your hearing - the fact that you're taking it seriously and preparing properly will work in your favor!
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Malik Robinson
@ddbcafcdf998 You can usually request a copy by calling the Department of Labor's hearing unit directly - the phone number should be on your hearing notice. You can also try logging into your NY.gov account online to see if the employer's contest documentation is available there. Some hearing officers will also email you a copy if you call and explain you need to review the specific allegations before the hearing. I'd recommend calling as soon as possible since it's already pretty close to your hearing date.
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