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!

I've been through this exact situation! My employer didn't show up to my PA UC appeal hearing last fall, and while it definitely helped my case, the referee still went through all the paperwork they had submitted initially. The good news is that without someone there to defend their position or provide testimony, it's much harder for them to prove misconduct. The fact that your supervisor who made the accusations has left the company is actually a huge advantage - they can't provide firsthand testimony about what happened. I'd recommend gathering any documentation you have (emails, texts, employee handbook sections) that supports your version of events. Also, be prepared to clearly explain why your actions didn't meet the legal definition of misconduct under PA UC law. The hearing was way less scary than I thought it would be, and I ended up winning my appeal. Stay positive but come prepared with evidence!

I went through this same situation about 6 months ago and won my appeal even though my employer didn't show up! The key thing to remember is that while their absence definitely helps, you still need to be prepared to present your side clearly. I brought printed copies of all relevant emails, my employee handbook sections, and even text messages that showed I was following proper procedures. The referee was very thorough and asked me detailed questions about the incident, so make sure you can explain step-by-step what happened and why it wasn't misconduct. The fact that your accusing supervisor left the company is actually a big advantage because they can't provide direct testimony. I'd also suggest practicing explaining your situation out loud beforehand - it really helped me stay calm during the actual hearing. You've got this!

I actually just went through this exact scenario about 3 months ago! My employer didn't show up to the hearing and I ended up winning my appeal, but like others have mentioned, it wasn't automatic. The referee still had to review all the documentation my employer submitted initially. What really helped my case was that I came super prepared with counter-evidence - I had screenshots of company policies, email chains showing I followed proper procedures, and even witness statements from coworkers. The fact that your supervisor who made the accusations left the company is actually huge because they can't provide direct testimony about the alleged misconduct. During my hearing, the referee specifically asked about the availability of witnesses, and when I explained that the key person who could have provided testimony for the employer was no longer with the company, it definitely seemed to work in my favor. My advice is to focus on gathering any evidence that shows you followed company policy or that contradicts their misconduct claims. Also, be ready to explain clearly why your actions don't meet PA's legal definition of misconduct. The whole process was way less intimidating than I expected, and having solid documentation made all the difference. Stay positive - your situation sounds very similar to mine and things worked out!

I was in a very similar situation last year and can share some hope! My employer didn't show up to my PA UC appeal hearing, and while it wasn't an automatic win, it definitely worked strongly in my favor. The referee still reviewed all the paperwork my employer had submitted, but without anyone there to defend their claims or answer questions, their case was much weaker. What really sealed the deal for me was coming prepared with my own evidence - I brought email printouts, relevant sections of the employee handbook, and even performance reviews that contradicted their misconduct allegations. The fact that your accusing supervisor has left the company is actually a significant advantage because they can't provide direct testimony about the incident. During my hearing, when the referee asked about witness availability and I explained that the key person who could support the employer's case was no longer with the company, you could tell it impacted their assessment. My biggest advice is to prepare thoroughly - gather any documentation that shows you followed company procedures or contradicts their claims, and be ready to clearly explain why your actions don't constitute misconduct under PA law. Practice your explanation beforehand so you're not fumbling during the actual hearing. The process was honestly less intimidating than I expected, and having solid evidence made all the difference. Given your circumstances, I think you have a really good chance of winning this appeal!

I just want to add some encouragement here - I had my PA UC appeal hearing last summer and my employer's no-show definitely worked in my favor, though like others mentioned it wasn't an automatic win. What surprised me was how thorough the referee was even without the employer present. They still asked me detailed questions about the incident and wanted me to walk through everything step by step. The key thing that helped me was having documentation ready - I printed out emails showing I had asked my supervisor for clarification on procedures, plus I had my employee handbook marked with relevant policies. Since your accusing supervisor left the company, make sure to mention that early in the hearing because it really undermines their ability to prove misconduct. The referee in my case specifically noted that the lack of available witnesses from the employer's side made their claims much harder to substantiate. Also, don't forget to keep filing your weekly claims during the appeal process! I almost stopped filing but thankfully someone here advised me to continue, and I got all my back payments when I won. The whole experience was nerve-wracking but honestly not as bad as I built it up to be in my head. You've got good odds with your employer not showing up and the key witness gone - just come prepared and stay confident!

I went through almost exactly this situation about 8 months ago and won my appeal! My employer didn't show up AND the manager who had accused me of misconduct had left the company by the time of the hearing. The referee definitely took note of both factors. Even though they still reviewed all the paperwork my employer had submitted initially, not having anyone there to defend their position or provide testimony made a huge difference. I came prepared with emails showing I had followed proper procedures, sections from the employee handbook, and even some text messages from coworkers that supported my version of events. The referee was very fair and asked thoughtful questions, but I could tell they were having a hard time accepting the employer's claims without anyone there to substantiate them. Your situation sounds really promising - especially with your accusing supervisor being gone. That was a game-changer in my case because the referee specifically mentioned how the lack of available witnesses weakened the employer's ability to prove misconduct. Make sure you gather any documentation that shows you followed company policy and be ready to clearly explain why your actions don't meet the legal definition of misconduct under PA law. The hearing was way less scary than I expected, and I ended up getting all my back payments too. Stay positive and come prepared - you've got this!

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

I'm actually going through this exact same situation right now! My appeal hearing is scheduled for next week and my employer isn't planning to show up either. Reading all these success stories is giving me so much hope - especially seeing how many people have won when their accusing supervisor left the company like in your case. I've been gathering all my documentation just like everyone suggested - emails, policy pages, performance reviews, anything that shows I was following procedures. The advice about mentioning early in the hearing that your key witness is gone seems really smart. I'm still nervous but feeling way more prepared after reading everyone's experiences here. Fingers crossed for both of us! Let us know how your hearing goes when it happens.

I went through this exact situation about 4 months ago and can offer some reassurance! My employer didn't show up to my PA UC appeal hearing, and while it definitely wasn't an automatic win like some people think, it worked strongly in my favor. The referee still had to review all the documentation my employer submitted during the initial determination, but without anyone there to defend their claims or answer the referee's questions, their case fell apart pretty quickly. What really helped me was coming super prepared with my own evidence - I brought printed emails showing I had followed company procedures, relevant sections from our employee handbook, and even some performance evaluations that contradicted their misconduct allegations. The fact that your supervisor who made the accusations has left the company is actually a huge advantage because they can't provide direct testimony about what happened. During my hearing, when I mentioned that the key person who could have supported my employer's version of events was no longer available, I could see the referee taking note of that weakness in their case. My biggest advice is to gather every piece of documentation you can that supports your side - emails, texts, policy documents, anything that shows you were following proper procedures or contradicts their claims. Also, be ready to clearly explain why your actions don't meet the legal definition of misconduct under PA unemployment law. Practice your explanation beforehand so you're calm and articulate during the hearing. The whole process was honestly way less intimidating than I built it up to be, and I ended up winning and getting all my back payments. Given your circumstances with both the employer not showing up and your accusing supervisor being gone, I think you have excellent chances. Stay positive and come prepared - you've got this!

I went through this exact scenario last year and won my appeal! My employer didn't show up to the hearing AND the supervisor who had accused me of misconduct had already left the company - sounds just like your situation. While it's definitely not an automatic win, these factors work strongly in your favor. The referee still reviewed all the paperwork my employer submitted initially, but without anyone there to defend their position or provide testimony, their case was much weaker. What really made the difference for me was coming prepared with solid documentation - I brought emails showing I followed proper procedures, relevant employee handbook sections, and even some text exchanges that supported my version of events. The fact that your accusing supervisor is gone is actually huge because they can't provide direct testimony about the alleged misconduct. During my hearing, the referee specifically noted how the employer's lack of available witnesses made it difficult to substantiate their claims. My advice: gather every piece of evidence you can that shows you followed company policy or contradicts their misconduct allegations, and be ready to clearly explain why your actions don't meet PA's legal definition of misconduct. Practice your explanation beforehand so you stay calm during the hearing. Also, keep filing your weekly claims during the appeal process - you'll get back payments if you win! The hearing was way less intimidating than I expected, and given your circumstances, I think you have excellent chances. Stay positive!

I was in almost the exact same situation about 6 months ago! My employer didn't show up to my PA UC appeal hearing and the manager who accused me of misconduct had also left the company by that time. While it's not an automatic win, these two factors definitely work heavily in your favor. The referee will still review whatever documentation your employer submitted initially, but without someone there to defend their claims or answer questions, their case becomes much weaker. What really helped me was being super prepared with my own evidence - I brought printouts of emails showing I followed company procedures, relevant pages from our employee handbook, and even some messages from coworkers that backed up my version of events. The fact that your accusing supervisor is gone is actually a major advantage because they can't provide firsthand testimony about the alleged misconduct. Make sure to mention this early in your hearing because referees definitely take note of missing key witnesses. My biggest advice is to gather every document you can that supports your case and practice explaining clearly why your actions didn't constitute misconduct under PA law. Keep filing those weekly claims too - I got all my back payments when I won! The hearing was way less scary than I thought it would be. Given your circumstances, I honestly think you have a really strong chance of winning this appeal. Stay confident and come prepared!