What are my chances of winning a PA UC appeal if my employer doesn't show up to the hearing?

Your chances are definitely better if your employer doesn't attend, but it's not an automatic win. The referee will still review all evidence already submitted by your employer in the initial determination. If you have strong counterevidence to their misconduct claim, your chances are much higher without them there to defend their position. Make sure you're fully prepared to explain your side even if they don't show up.

I had my hearing last yr and my employer didnt show!! I won my appeal because they couldnt prove any of their allegations without being there to present evidence. Make sure u bring ALL ur documentation tho - I brought printouts of emails showing I followed company policy. My referee was super fair but still asked me tough questions. Good luck!!

my coworker just went thru this exact thing and her boss didnt show up but she still lost her appeal somehow. i think it depends on what paperwork the employer already submitted before the hearing

When I had my appeal hearing in 2023, my employer sent an HR person who didn't even work at my location and had no direct knowledge of my situation. The referee kept asking them questions they couldn't answer, and I ended up winning. Not exactly the same as them not showing up, but similar in that they couldn't provide proper testimony. I'd say your chances are pretty good if they don't show, especially if the person who made the accusations isn't even with the company anymore!

PA UC appeals referee here. While I can't comment on your specific case, I can tell you that an employer's failure to appear doesn't automatically result in a claimant win. However, it does mean they can't provide testimony or cross-examine you. The referee will make a decision based on all evidence in the record, including what was submitted before the hearing. The burden of proof for misconduct cases is on the employer, so if they haven't provided sufficient documentation and don't appear to provide testimony, that often works in the claimant's favor. Make sure you're prepared to clearly explain why your actions didn't constitute misconduct under UC law.

I tried calling the UC service center FIFTY times to ask this exact question before my appeal and NEVER got through!!! So frustrating!!! Then I found this service called Claimyr that got me connected to a PA UC agent in like 20 minutes! They have a video showing how it works here: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 and their website is claimyr.com. The agent told me exactly what to expect at my hearing and it was super helpful. Might be worth checking out since your hearing isn't until next month.

THE WHOLE SYSTEM IS RIGGED AGAINST US!!! I had an appeal where my employer DIDN'T EVEN SHOW UP and I STILL LOST because they had already sent in a bunch of paperwork with LIES about me!! The referee didn't even care about my side of the story and just went with whatever garbage my employer submitted beforehand. DON'T GET YOUR HOPES UP!!!

Oh and make sure u dress nice for the hearing even if its over the phone! My friend did his appeal hearing in his car and was eating during it and the referee commented on the noise. They notice everything! And get there early if its in person or call in 10 min early if its over phone.

One more piece of advice - if you win your appeal, continue filing your weekly claims during the wait. Many people stop filing during the appeal process, but you should maintain your weekly claims to receive all eligible backdated payments if you win.

I went through a similar situation last year where my employer didn't show up to my PA UC appeal hearing. While it definitely helped my case, the referee still thoroughly reviewed all the documentation my employer had submitted during the initial determination. The key thing that worked in my favor was that I came prepared with my own evidence - pay stubs, employee handbook pages, and text messages that contradicted their misconduct claims. Since your supervisor who made the accusations has left the company, that could actually be a strong point in your favor because they can't provide firsthand testimony about the incident. Make sure to bring any documentation that supports your version of events and be ready to explain clearly why your actions didn't constitute misconduct under PA UC law. The hearing process was less intimidating than I expected, and having concrete evidence made all the difference. Good luck with your appeal!

90% of the time you win by default. My exemployer didn't show up to my appeal hearing and I was paid the next day