PA UC Referee Hearing - Other Party No-Show, What Happens Next?
I just had my PA unemployment referee hearing today for an appeal I filed last month. The employer didn't show up at all - not on the phone, no representatives, nothing. The referee still asked me questions about my work situation and took my testimony for about 20 minutes. She didn't really tell me what happens next and I forgot to ask because I was so nervous. Does anyone know what usually happens when the employer doesn't appear at the hearing? Will my appeal automatically be approved? It's been 5 weeks since I filed the appeal and I really need to know if I'll get my benefits soon.
21 comments
Sean O'Donnell
This is generally good news for you! When the employer doesn't show up, they can't present any evidence against your claim. The referee will make a decision based only on your testimony and whatever documents are already in your case file. Most of the time, this results in a favorable decision for the claimant (you). You should receive the referee's decision in the mail within 7-10 days. If approved, payments usually start processing within a few days after the decision letter is issued. Keep filing your weekly claims in the meantime!
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Anastasia Sokolov
•Thank you so much! That's a relief to hear. I'll keep filing my weekly claims and watch for the mail. Do you know if they ever call with the decision or is it always by mail?
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Zara Ahmed
I had same thing happn to me back in feb. Got aproved 3 days later. Just keep checkin ur dashboard!!
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Anastasia Sokolov
•That's awesome to hear! I'll keep checking my dashboard every day. Thanks!
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StarStrider
While it's often favorable when the employer doesn't show, it's not an automatic win. The referee must still determine if you qualify under PA UC law. If you were discharged, they need to determine you didn't commit willful misconduct. If you quit, they need to find you had a necessitous and compelling reason. That said, without the employer there to contest your version of events, your testimony stands unchallenged, which definitely works in your favor. Just wanted to clarify it's not 100% guaranteed.
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Anastasia Sokolov
•Thanks for the explanation. The company laid me off but then claimed it was performance-related when UC contacted them. I have documentation showing it was a layoff, which I showed during the hearing. Hoping that helps my case!
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Luca Esposito
I had a hearing last year and my employer was a no-show too. The referee still ruled AGAINST me! Said something about "the burden of proof" still being on me even if they didn't show up. So don't count those chickens yet.
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StarStrider
•This is an important point. In quit cases, the burden of proof is on the claimant to show they had good cause to quit. In discharge cases, the burden is on the employer to prove misconduct. If this was a layoff incorrectly reported as performance-related, and you had documentation, you're in a much stronger position than a quit case with a no-show employer.
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Nia Thompson
You might still be waiting weeks even with a favorable decision! I won my appeal in March and it took ANOTHER 6 weeks before my payments actually started!!! The system is totally broken. They make these decisions then put your claim in some other review queue or something! I tried calling the UC office every single day and got nothing but busy signals or disconnects for WEEKS until I found Claimyr (claimyr.com). They got me connected to a real person at PA UC in about 20 minutes. There's a video showing how it works here: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 The agent told me my claim needed to be manually released after the appeal decision, which apparently isn't automatic. Worth checking if you win but don't see payments starting.
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Mateo Rodriguez
•I've heard good things about that service too. After my appeal win, I also had to call to get my payments released. Something about the system not automatically processing appeal reversals. Another PA UC technology fail.
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Anastasia Sokolov
•Oh great, another thing to worry about! Thanks for the heads up though. If I win but don't see payment within a week I'll definitely look into that service. The whole process has been so stressful.
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Aisha Abdullah
did the referee tell u if the employer had filed any documents before the hearing? sometimes they dont show up but send in all their evidence ahead of time and the referee still considers that
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Anastasia Sokolov
•She did mention they submitted the original separation information but nothing specifically for the appeal hearing. I'm hoping that means they didn't provide any additional documentation to fight my appeal.
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Sean O'Donnell
Just as a follow-up - make sure you don't miss any weekly certifications while waiting for the decision. If you win the appeal but haven't been filing each week, you won't get paid for those missed weeks. The system requires you to keep certifying even during appeals.
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Anastasia Sokolov
•Thank you for the reminder! I've been filing every Sunday without fail, even though it's been discouraging to keep seeing them marked as 'appeal pending' week after week.
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Mateo Rodriguez
What was your appeal about, if you don't mind me asking? I have my hearing next Thursday and I'm starting to panic a bit. My employer is fighting my claim saying I quit when I was actually laid off. Did you have an attorney or did you represent yourself?
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Anastasia Sokolov
•I represented myself. My situation is similar - they laid me off in a department restructuring but then told UC it was performance-related (which was never documented). I brought emails about the layoff and my exit paperwork that specifically said 'layoff due to position elimination.' The referee seemed to pay close attention to those documents. Good luck with your hearing!
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Zara Ahmed
check ur mail evry day!! thats how i found out i won
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Anastasia Sokolov
•I'm literally checking my mailbox three times a day lol. The mail carrier probably thinks I'm crazy!
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Nia Thompson
The referee hearing decisions are taking FOREVER in 2025. My friend just got her decision letter 3 weeks after her hearing. The backlog is ridiculous right now.
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Anastasia Sokolov
•Ugh, that's so frustrating to hear. I was hoping for a quicker resolution since it seems like a pretty straightforward case. I guess more waiting is in my future... 😞
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