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