Appeal hearing - my ex-employer no-show - chances of winning unemployment appeal? (ESD)

When your employer doesn't show up, that's usually a BIG advantage for you. They can't present opposing evidence or challenge your testimony. Based on what you've shared, you have multiple legitimate reasons that could qualify as "good cause" - especially the documented medical issues and legal situation with the restraining order. The fact that you have documentation from doctors and the court system strengthens your position significantly. I went through an appeal last year (different circumstances but also had an employer no-show) and won my case. Just make sure you check your mail daily when they say the decision is coming - you only have a limited time to appeal further if needed.

my friend had smething similar happen and won. the judge said if the employer doesnt care enuff to show up then they dont have good reason to deny ur benifits, good luck!!

I'm in the middle of an appeal process right now too and it's SO STRESSFUL!!! The waiting is the worst part. I've been checking my mailbox 3x a day even though that's totally irrational. I wish they would just email the decisions instead of making us wait for snail mail. I'm worried sick about paying my rent next month if I don't get approved. Did the judge seem sympathetic at all to your situation?? I've heard they can be really hit or miss.

From what you've described, you have multiple factors that could qualify as good cause for leaving employment. Having medical documentation for the anxiety and physical issues is particularly strong. The restraining order against a coworker that management wouldn't enforce could also meet the standard of creating an unsafe work environment. Regarding your question about the employer not showing up - yes, this generally improves your chances significantly. Without opposing testimony, the judge will primarily be evaluating the credibility of your testimony and documentation. In my experience as someone who's helped several people through this process, when claimants have documentation backing their reasons (as you do) and the employer doesn't appear, approval rates are much higher. If you do win, you'll receive back benefits for all eligible weeks, but be prepared that any decision can take 2-4 weeks to arrive, sometimes longer if the OAH is backed up.

i had an appeal last year but for a different reason (they said i didnt look for work enough but i did). my employer DID show up and i still won because i had documentation. so if yours didnt even bother to show up and you have all that documentation i bet youll win!!! good luck!!!

I went through exactly this in January. My employer didn't show up either, but I STILL LOST my appeal because I didn't have enough documentation to prove my medical condition was reported to my employer before I left. The judge was a complete jerk about it too. Make sure you had WRITTEN proof that you told your employer about your conditions and requested accommodations. That's what tripped me up - I had verbal conversations but nothing in writing. The system is RIGGED to favor employers even when they don't show up!!

If you're struggling to get through this appeal process and need to speak with ESD directly about your case status or next steps, I highly recommend trying Claimyr. I was stuck in a similar situation last month, calling ESD 20+ times with no luck. Claimyr got me connected to an actual ESD agent in about 25 minutes. They have a video demo that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Regarding your actual question - employer no-shows definitely help, but the judge still has to find that your reasons meet the legal standard for good cause. Medical documentation and the restraining order should be strong factors in your favor. The back pay will be processed automatically if you win.

One thing to add that others haven't mentioned - the judge's decision will include detailed "Findings of Fact" and "Conclusions of Law" sections that explain exactly why they ruled the way they did. This is actually helpful because if you need to appeal further (to the Commissioner's Review Office), you'll know exactly which points to address. Based on what you've shared, I think you have a strong case. The combination of documented medical issues, physical limitations, and the restraining order situation creates multiple valid reasons that could qualify as good cause. The employer's absence at the hearing further strengthens your position since they're not there to rebut your evidence. Just be aware that if you win, your former employer can still appeal the judge's decision, though many don't bother if they didn't show for the initial hearing.

just wondering does neone know how long backpay takes if u win appeal? im in a similar situation waiting for decision

I went through a similar appeal process about 8 months ago - also had mental health issues that my employer wasn't accommodating, plus some workplace harassment that HR ignored. My employer actually DID show up to the hearing, but I still won because I had solid documentation from my therapist and emails showing I'd reported the issues to management. The fact that your employer didn't even bother to show up is honestly a huge red flag that they know they don't have a strong case. Combined with your medical documentation, the restraining order paperwork, and proof that you requested accommodations - you're in a much better position than I was and I still won. One tip: if you do win (which I think you will), make sure you keep filing your weekly claims during any potential employer appeal period. I made the mistake of stopping after I won my first appeal, then had to wait longer when my employer appealed to the next level. The whole process took about 4 months total but I eventually got every penny of back pay I was owed. Hang in there - I know the waiting is brutal but it sounds like you did everything right!

I'm really hoping for the best outcome for you! Reading through your situation, it sounds like you have a really solid case with multiple legitimate reasons for not returning to work. The fact that you have medical documentation for both your anxiety and back injury, plus the restraining order paperwork, puts you in a much stronger position than many people who go through appeals. I went through something similar about 6 months ago (workplace stress and anxiety issues) and also had an employer no-show. The judge ruled in my favor and I got all my back pay within about 10 days of the decision. The key thing that helped me was having documentation from my doctor about how the work environment was affecting my mental health. The waiting really is the hardest part - I was checking my mailbox multiple times a day too! But try to stay positive. From what you've shared, you clearly had good cause for your actions and took the right steps to document everything. The employer's absence from the hearing really does speak volumes about the strength of their case (or lack thereof). Keep us updated when you hear back! Fingers crossed for you.

I've been following this thread and wanted to add my perspective as someone who went through a very similar appeal process last year. Like you, I had multiple health issues (chronic migraines and depression) that my employer wasn't accommodating, and they also didn't show up to my hearing. The good news is that employer no-shows combined with solid medical documentation usually result in favorable decisions. What really helped my case was that I had a clear paper trail showing I tried to work with my employer before leaving - it sounds like you have that too with your accommodation requests and the restraining order situation. One thing I learned during my process is that judges really focus on whether you had "good cause" under Washington state law, and medical conditions that aren't being accommodated definitely qualify. The restraining order situation adds another layer of legitimacy to your case since employers have a duty to provide a safe work environment. I ended up winning my appeal and received about $8,000 in back pay within two weeks of the decision. My employer didn't bother appealing since they hadn't even shown up to defend their position initially. The waiting is absolutely brutal - I remember being down to my last $50 when I finally got my decision letter. But based on everything you've shared, I really think you're going to get a favorable outcome. Stay strong!

I'm going through my first appeal process right now too and this whole thread has been so helpful to read! I've been stressing out about my hearing next week - my employer also said they're not planning to attend, which after reading everyone's experiences here makes me feel a bit more optimistic. Like several of you mentioned, I also have medical documentation for anxiety and depression that made it impossible for me to continue in my toxic work environment. My former supervisor was creating a hostile workplace and HR basically told me to "deal with it" when I reported the issues. @Liam Cortez - your situation with having multiple legitimate reasons backed by documentation sounds really strong. The fact that you tried to work with your employer on accommodations and they wouldn't cooperate shows you made good faith efforts. I'm keeping my fingers crossed for you and hoping we both get positive outcomes! The waiting really is torture though. I've already started obsessively checking my mailbox even though my hearing isn't until next week. Thank you everyone for sharing your experiences - it's helping me feel less alone in this stressful process.