PA UC Appeal Hearing - Do I win automatically if employer no-shows?

It's not *automatically* a win, but it definitely helps your case a lot. If the employer doesn't show up, they can't present evidence against you or counter your testimony. The referee will only have your side of the story to consider. Just make sure you still present your case thoroughly - explain that you were laid off due to budget cuts, bring any documentation you have (emails, termination letter, etc). Since the burden of proof for misconduct is on the employer, if they're not there to prove it, you're in a strong position. Good luck!

I had a simliar situation last year and my boss didnt show up to the hearing. I still had to answer all the referees questions and provide my evidence but without my employer there to argue against me, the referee ruled in my favor. Just be prepared to explain your side clearly and have any documents ready. Don't assume you win automatically tho - thats not how it works!!

While it significantly improves your chances, there's no automatic win just because the employer doesn't show up. The referee still needs to determine if you're eligible based on PA UC laws. However, without the employer present to provide evidence of misconduct, the burden of proof isn't met. Make sure you: 1. Join the call 10-15 minutes early 2. Have all your documentation ready (layoff notice, emails, etc) 3. Answer questions honestly and concisely 4. Explain clearly that you were laid off due to budget cuts, not fired for misconduct 5. If you have any witnesses who can corroborate your story, have them available The referee will usually make a decision within 1-2 weeks after the hearing.

at my hearing the employer was 10 mins late and the ref already started without them lol. when they finally joined they were all flustered and unprepared. ref still let them talk but you could tell he wasnt impressed. i won my case but i think its bcuz my employer looked bad not just cuz they were late

Listen, the PA unemployment system is DESIGNED to side with employers! I had THREE hearings where my employer didn't show and I STILL lost because the referee said I didn't provide enough evidence. The whole thing is rigged - they're looking for ANY reason to deny benefits and save money. Make sure you're SUPER prepared with EVERY piece of documentation possible. Don't trust anything anyone from UC tells you. They'll smile and then stab you in the back with a denial letter!!!

When is your hearing exactly? I have mine coming up too and I'm so nervous I can barely sleep. My employer is definitely showing up though and they have a lawyer! 😭

To answer your follow-up question - you should submit any evidence you want considered to the referee BEFORE the hearing. There should have been instructions in your hearing notice about the deadline (usually 5 days before). If you haven't sent them yet, do it immediately with a cover letter explaining the late submission and hope they accept it. Email is usually faster than mail. Have the originals with you during the call as well.

If you're having trouble getting through to someone at PA UC about your appeal or evidence questions, I discovered a service called Claimyr that helped me bypass the busy signals. You can see how it works at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 - they got me connected to an actual UC rep in about 20 minutes when I had been trying for days on my own. I used them to confirm my evidence was received before my hearing. Check out their website at claimyr.com if you're struggling to get through.

One more important thing - during the hearing, the referee will ask you questions about why you're no longer employed. Stick to the facts and don't get emotional or badmouth your former employer, even if they're not on the call. Answer directly and honestly. If your employer doesn't show up, the referee will make their decision based solely on your testimony and whatever evidence has been submitted. A no-show employer is definitely beneficial to your case, but it's not a guarantee.

i won my hearing when my boss didn't show. referee just asked me a bunch of questions and i explained everything. got approved about 10 days later and then got all my backpay! good luck!