PA UC referee hearing coming up - employer not attending - what does this mean for my case?

The employer not attending is generally positive for your case, but doesn't guarantee an automatic win. The referee still needs to determine if you were discharged for willful misconduct. Come prepared with evidence that counters their tardiness claim - attendance records, performance reviews, anything showing you followed company policy. Be ready to explain those 3 documented tardies and why they don't constitute willful misconduct. The burden of proof is on the employer to show willful misconduct. If they don't show up, they can't present evidence against you or cross-examine you. But the referee will still ask you questions and review any documents the employer previously submitted.

When my employer didn't show up to my hearing last year, I won automatically! The referee said since they weren't there to provide evidence of misconduct, he had to rule in my favor. Make sure you still present your side clearly though. And arrive at least 15 mins early!

I HAD THE EXACT SAME SITUATION in February!!! Employer claimed I was late constantly but only had like 2 instances they could prove. They didn't show up to hearing but had sent in their attendance records. The referee asked me a TON of questions about each time I was late and WHY and if I called in etc. BRING EVERYTHING - any emails about your schedule, text messages about being late, handbook showing the attendance policy, EVERYTHING!!! My referee was super picky about the rules and I almost lost because I didn't know I needed to prove I called in one time when I was running late.

This is all really helpful. I'm gathering everything I can find now. Has anyone used a phone service to reach UC before their hearing? I have some questions about my benefit calculation that might impact my case, but can't get through to ask anyone.

Try Claimyr - I was in the same situation last month and couldn't get through to ask questions before my hearing. The service got me connected to a UC rep in like 20 minutes when I'd been trying for days. They have a video demo at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 that shows how it works. I was skeptical but it actually worked and I was able to get my questions answered before my hearing.

i had a hearing where employer didnt show up but they had already sent in all there evidence and the ref still ruled for them so dont assume anything. my cousin said if u been ther less than a year its harder to win these cases no matter what. sorry just being real

More specific advice for your hearing: 1. The referee will likely ask about your tardiness, why it happened, if you notified anyone, and if you received any warnings. 2. Highlight that 3 tardies in 8 months doesn't constitute a pattern of willful misconduct, especially without prior warnings. 3. Be prepared to discuss your job performance outside the tardiness issue. 4. Bring a copy of the company attendance policy if you have it. 5. Stay calm, answer questions directly, and don't volunteer negative information. 6. Dress professionally and speak respectfully. Without the employer there to cross-examine you or provide testimony, you have an advantage - but preparation is still key.

When my hearing happened four years ago my employer said they wouldn't attend but then showed up last minute!! Be prepared for that possibility too. The UC system is such a mess sometimes I swear... I had a completely different issue though (quit for health reasons) so maybe not relevant to your case sorry

make SURE ur on time to ur own hearing!!! my roomate was 5 min late to his phone hearing & the ref noted it in the decision against him (ironic since it was about tardiness lol). and DONT talk over the referee or interrupt even if the employer isnt there