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
•That'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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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
•Thanks 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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Luca Esposito
•That's really good advice about requesting their contest statement! I actually haven't seen exactly what they wrote when they contested my claim - I just know they said it was for misconduct. How do I go about getting a copy of that from the Department of Labor? Do I need to call them or is there a way to request it online?
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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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Javier Garcia
I went through this exact situation about 8 months ago and my employer was a no-show. The hearing officer still conducted a full hearing - asked me to walk through the events that led to my termination, questioned me about company policies, and reviewed all the documentation. Even though my employer wasn't there to contradict me, I still had to provide a coherent, detailed account of what happened. The good news is that without them there to present counter-evidence or challenge my testimony, the decision came pretty quickly in my favor. Just make sure you have all your dates, times, and facts organized because the hearing officer will still be thorough in their questioning.
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Mateo Sanchez
•This is really reassuring to hear from someone who actually went through it! About how long did the hearing take when your employer didn't show up? And did you feel like the hearing officer was more understanding since you were the only one presenting your side, or were they still pretty strict about everything? I'm trying to get a sense of what the tone will be like.
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Steven Adams
•@09d033c858ec This gives me so much hope! Can I ask what kind of documentation you brought with you to the hearing? I have some text messages with my supervisor and a copy of the employee handbook, but I'm not sure if that's enough or if I should try to gather more evidence before next week.
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Sophia Clark
•@09d033c858ec That's exactly what I needed to hear! I've been so anxious about this whole process. When you say the hearing officer was thorough with questioning, were they more focused on the specific incident that led to your termination, or did they ask about your overall work history and performance too? I'm trying to figure out how much detail to prepare about my entire time at the company versus just focusing on the final incident.
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Zara Mirza
•@09d033c858ec This is exactly the kind of first-hand experience I was hoping to hear about! I'm curious - did the hearing officer give you any sense during the questioning of how they were leaning, or did you have to wait for the written decision to know the outcome? Also, when you say the decision came quickly, are we talking days or weeks? I know every case is different but it would help me set realistic expectations for my own timeline.
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Isaiah Cross
•@09d033c858ec This is super helpful! I'm actually in a similar spot right now - my hearing is coming up and I'm not sure if my employer will show. Did you feel like the hearing officer was skeptical at all since it was just your word, or were they pretty neutral? I keep worrying they'll think I'm just telling them what they want to hear without the other side there to challenge me. Also, when you prepared your timeline of events, did you write it all out beforehand or just kept mental notes?
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Zara Malik
I went through something similar last year with NYS DOL. Even if your employer doesn't show up, treat the hearing like they will be there. The administrative law judge will still put you under oath and ask detailed questions about the circumstances of your termination. They'll want to understand the timeline, any warnings you received, company policies that may have been violated, and your response to the allegations. Make sure you have copies of any relevant documents - employee handbook, emails, performance reviews, disciplinary notices, etc. The judge needs to determine if the employer had "just cause" for termination based on the evidence available. Without your employer there to present their case, your consistent and honest testimony becomes even more important. Don't assume it's an automatic win, but definitely don't stress too much either. Just be prepared, be honest, and stick to the facts. You've got this!
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MoonlightSonata
•This is such solid advice! I'm also preparing for an unemployment hearing and this really helps calm my nerves. One question - when you mention having copies of documents, did you email them to the hearing officer beforehand or just have them ready during the phone hearing? I'm not sure about the logistics of sharing documents during a telephone hearing versus an in-person one. Also, did the judge give you a chance to reference specific documents during your testimony, or did they mainly just ask questions and expect you to answer from memory?
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Michael Green
•@3ffff77e04af This is really comprehensive advice, thank you! I'm curious about one specific thing - you mentioned being put under oath during a phone hearing. How does that actually work when you're not physically there? Do they mail you something to sign beforehand, or do they just have you verbally affirm over the phone? I've never been in any kind of legal proceeding before so I'm not sure what to expect with that part of the process.
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Liam O'Sullivan
I actually had my NYS DOL unemployment hearing last month where my employer was a no-show, so I can share what actually happened. The hearing officer started right on time and explained that they would proceed without the employer. They put me under oath over the phone (you just verbally affirm that you'll tell the truth) and then spent about 45 minutes asking very detailed questions about my termination. Even though my employer wasn't there, the judge had their written contest statement and asked me to respond to each specific allegation they had made. They wanted exact dates, times, witnesses present, what was said, etc. I had to walk through company policies, any prior warnings, and my understanding of why I was fired. The judge was professional and neutral - not hostile, but definitely thorough. I got my decision in writing about 10 days later and won my case. My advice: prepare like they're going to show up, bring/have ready any supporting documents, and be completely honest about what happened. The no-show actually worked in my favor because they couldn't present new evidence or challenge my testimony directly.
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Chloe Martin
•This is incredibly detailed and exactly what I needed to hear! Thank you for sharing your actual experience. I'm relieved to know the hearing officer was professional and neutral - I was worried they might be skeptical since it's just one side of the story. When you say you had to respond to each specific allegation from their contest statement, did the hearing officer read those allegations to you during the hearing, or did you already have a copy beforehand? I'm realizing I should probably try to get their written statement before my hearing so I can prepare responses to each point they raised. Also, 45 minutes sounds pretty thorough - I'm glad to know what kind of time commitment to expect. Your advice about being completely honest really resonates with me too. Thanks again for taking the time to share such helpful details!
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Raul Neal
•@d2bef0c1d010 This is incredibly helpful, thank you for sharing your experience! I'm especially glad to hear that the hearing officer was professional and neutral - I was worried they might be more skeptical with only one side present. Quick question about the documentation: did you submit your supporting documents to the hearing officer before the hearing, or did you reference them during the call and then email/fax them afterward? I have some emails and write-ups that I think will help my case, but I'm not sure about the best way to get them into the record during a phone hearing. Also, it's reassuring to know you got your decision in 10 days - the waiting has been the worst part of this whole process for me!
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Ryder Everingham
•@d2bef0c1d010 This is such valuable insight from someone who actually went through this! I'm curious about the oath part - when they had you verbally affirm over the phone, did they use specific legal language or was it more informal? I've never been sworn in for anything before and I want to make sure I respond appropriately. Also, when you mention they had your employer's written contest statement, did they summarize what your employer claimed during the hearing, or did they expect you to already know what allegations you were responding to? I'm trying to decide if I should call the DOL ahead of time to get a copy of what my employer submitted, or if the hearing officer will fill me in during the actual hearing. Really appreciate you sharing such detailed information - it's helping me feel much more prepared!
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GalaxyGuardian
I can add some perspective as someone who works in HR and has been involved in several unemployment hearings from the employer side. When we don't attend hearings, it's usually because we know our case is weak or we don't have sufficient documentation to prove misconduct. The administrative law judge will absolutely still conduct a thorough hearing with you - they're required to make a decision based on all available evidence, which includes whatever your employer submitted initially. Don't let your guard down though. Even without them present, you need to be prepared to address their allegations point by point with specific examples and dates. The judge may ask follow-up questions that challenge your version of events, not because they don't believe you, but because they need to ensure they have all the facts. Having been on both sides of this process, I'd say your chances improve significantly when the employer is a no-show, but preparation is still key to a successful outcome.
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