What happens when employer doesn't show up to NYS Department of Labor unemployment hearing?

The hearing will definitely proceed even if your employer doesn't show up. The administrative law judge will make a decision based on the evidence and testimony available. If only you appear, you'll get to present your side without any opposition from your employer. Make sure you have documentation like your termination letter, emails about the layoffs, or any witnesses who can testify on your behalf.

This actually happened to me last year. My employer no-showed to the hearing and I won by default basically. The judge asked me to explain what happened, I provided my documentation, and they ruled in my favor within a week. Just be honest and stick to the facts about why you were terminated.

bring everything printed out!! judges prefer paper documents they can review. also if you have any coworkers who were laid off at the same time they could be good witnesses to back up your story about it being budget cuts not misconduct

I've been trying to reach someone at NYS Department of Labor for weeks about my own hearing questions but can never get through. The phone lines are always busy or I get disconnected. Has anyone found a better way to contact them? I used this service called Claimyr recently that actually got me connected to a real person at NYS Department of Labor - you can check it out at claimyr.com. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth trying if you need to ask specific questions about your hearing procedures.

Wait, if the employer doesn't show up does that automatically mean I win? I have a similar situation where I was supposedly fired for attendance but I have medical documentation for all my absences. My employer is fighting my claim too.

good luck with your hearing! the whole system is so stressful but at least if they don't show up you won't have to deal with them trying to make you look bad

I went through this exact same situation about 6 months ago! My employer contested my unemployment claim after I was laid off due to company restructuring, but they didn't show up to the hearing. The administrative law judge proceeded with the hearing as scheduled and I was able to present my case without any pushback. The whole thing took maybe 30 minutes - the judge asked me to explain what happened, reviewed my documentation (layoff notice, final paycheck stub showing "reduction in force"), and ruled in my favor about a week later. My advice: arrive early, dress professionally even though it's usually by phone, and have all your documents organized and ready to reference. The judges are generally fair and understand that employers sometimes don't participate. You've got this!

Most unemployment hearings in NY are conducted by phone these days, especially since COVID. Check your hearing notice carefully - it should specify whether it's by phone or in-person and include a phone number to call at your scheduled time. If it's by phone, make sure you're in a quiet location with good reception and have all your documents spread out in front of you so you can reference them easily. The judge will usually call you at the scheduled time, or sometimes you call in to a conference line. Either way, treat it just as seriously as an in-person hearing!

I actually had my hearing last month and my employer was a no-show too. The judge was very professional and understanding about the whole situation. Even though it was over the phone, I felt like she really listened to my explanation and asked thoughtful follow-up questions. The key is to speak clearly and pause between points so the judge can take notes. Don't rush through your explanation even if you're nervous - they want to get the full picture. Also, if you're referencing a document, say something like "as shown in my termination letter dated X" so they know exactly what you're talking about. The phone format actually made me less nervous because I could have my notes right in front of me. You'll do great!

I'm in a similar situation right now - my hearing is next Thursday and I'm terrified! My employer is claiming I was fired for poor performance but I have emails showing they were actually eliminating my position due to budget constraints. Reading everyone's experiences here is giving me so much hope. Quick question though - should I mention that I have witnesses who can verify the layoffs were company-wide, or should I just focus on my own documentation? I don't want to overcomplicate things but I want to make sure I present the strongest case possible.

I just want to echo what everyone else is saying - you're in a really good position if your employer doesn't show up! I had my hearing about 8 months ago and my former employer was also a no-show. The judge was incredibly fair and patient with me. Since you mentioned you were laid off due to budget cuts, make sure you emphasize that this was an economic decision by the company, not anything related to your job performance or conduct. If you have any documentation showing the layoffs were company-wide or affected multiple employees, that would be really helpful too. The fact that your employer initially contested it but then doesn't bother to show up to defend their position actually works in your favor - it suggests they don't have a strong case. Stay calm, stick to the facts, and you should be fine. Rooting for you!