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!

I've been through this exact situation! When my employer didn't show for my PA UC appeal, I definitely had a much easier time, but like others said, it's not an automatic win. The referee still asked me detailed questions about my termination and I had to walk through everything that happened. Since you have documentation showing it was a layoff due to budget cuts, you're in a really strong position. The key is being able to clearly explain that this was an economic decision by your company, not related to your performance or conduct. Make sure you can speak to any emails, notices, or conversations you had about the layoffs. Even without your employer there to argue, you still need to prove your case, but it's much less stressful when you're not being contradicted! Fingers crossed they don't show up for you too.

I went through a similar appeal last year where my employer didn't show up. While it definitely helped my case, I still had to present all my evidence and answer the referee's questions thoroughly. The referee spent about 20 minutes asking me detailed questions about my termination, even without my employer there to contradict me. What really made the difference was having clear documentation - sounds like you're in good shape with your layoff notice mentioning budget cuts. One tip: practice explaining your situation out loud beforehand so you sound confident and organized during the hearing. The referee needs to understand that this was purely a business decision, not anything related to your conduct. Best of luck on Tuesday!

Hey everyone! I'm new to this community but wanted to jump in since I just went through this exact situation a few months ago. My employer actually did show up to my hearing, but they were completely unprepared - hadn't brought any evidence and couldn't really explain why they thought I was fired for misconduct when I was clearly laid off. The referee was pretty frustrated with them and ruled in my favor within a week. Even though your employer might not show, I'd still recommend preparing like they will. Write down a timeline of events leading to your layoff, practice explaining the budget cuts clearly, and have all your documents organized. That way you'll feel confident no matter what happens on Tuesday. Also, don't stress too much about the hearing itself - the referees I've dealt with have been pretty fair and straightforward. They're just trying to get to the truth of what happened. Sounds like you have solid documentation, so you should be in good shape! Let us know how it goes!

I'm pretty new to this community but wanted to share my recent experience since it sounds so similar to yours! I had my PA UC appeal hearing about a month ago after my employer contested my claim saying I quit when I was actually laid off due to company downsizing. My employer ended up being a no-show, and while it definitely made things less stressful, the referee still put me through a pretty thorough questioning. The hearing lasted about 25 minutes even without my employer there. The referee asked me to walk through exactly what happened leading up to my termination, what my supervisor told me, and whether I had any documentation. Luckily I had saved the email from HR about the layoffs affecting multiple departments. One thing that really helped was that I had organized all my thoughts beforehand and could clearly explain the timeline. The referee seemed satisfied that it was genuinely a layoff situation and not misconduct. I got the decision letter about 8 days later ruling in my favor, and my benefits were restored with full back pay. Even though your employer might not show up, definitely go in prepared with your documentation and be ready to tell your story clearly. It sounds like you have solid evidence with the budget restructuring notice. Good luck on Tuesday - I'm rooting for you!