ESD OAH hearing went forward without employer - good or bad sign for my UI case?

This is generally a positive sign for your case! When employers don't show up for OAH hearings, the judge can only consider the evidence presented (yours) and the documents in the official record. Without the employer there to defend their position or challenge your statements, the facts you presented stand uncontested. In my experience as someone who's been through multiple UI appeals, when employers don't attend hearings, claimants often win - but not always. The judge still needs to apply the law correctly to the facts presented. If the ESD's initial denial was based solely on the employer's statements and you provided reasonable evidence contradicting their claims, you have a strong chance.

i had this happen wit my hering last year! boss didnt show up and I won! got like $6700 in backpay too so hang in there!

Yes! Employers not showing at OAH hearings is usually a good sign. Just make sure you remember that your decision can arrive in 5 BUSINESS days, not calendar days. Don't panic if it takes a full week. My letter took exactly 8 days to arrive in my mailbox, but the decision date on it was within their 5-day window. One thing to prepare for - if approved, ESD might not immediately process your back payments. You might need to contact them after you get the decision to make sure they act on it quickly. That's where most people run into delays.

I HAD MY HEARING LAST MONTH AND MY EMPLOYER SHOWED UP WITH THEIR LAWYER!!! It was terrifying and they had all these documents I'd never seen before. The judge let them submit everything even though I wasn't prepared. Still waiting on my decision after 3 WEEKS!!! The whole system is rigged against workers. Your situation sounds way better than mine.

I work in HR and can offer a different perspective. Employers sometimes don't show up to hearings when: 1. They don't have strong evidence to support their claim 2. They've decided it's not worth the time/resources to contest 3. There was a scheduling conflict or administrative error In my experience, when we don't contest a UI claim, it's usually because we recognize the employee might have a valid case or the documentation doesn't clearly support our position. That said, judges still evaluate the merits of each case. They'll review all the documentation submitted by ESD and both parties before making a decision. If there are written statements from your employer in the record, the judge will still consider those even if they didn't appear at the hearing.

My brother went thru this exact thing in January! Employer didnt show up to the hearing and he still lost because the written statements in his ESD file were enough for the judge to rule against him. Not trying to scare you but dont count on winning just because they didnt show up. Really depends on your specific situation and what documentation is already in your claim file.

Just wanted to add one more thing - if your decision is favorable, make sure you continue filing your weekly claims while waiting for your benefits to start. If you haven't been filing weekly claims during this appeal process, call ESD immediately and ask about backdating your claims. Many people win their appeals but then face delays getting paid because they stopped filing weekly claims during the appeal period.

Getting a decision in 5 days is actually pretty quick! My OAH hearing decision took nearly 3 weeks to arrive. When you do get the decision, read it carefully - it will explain exactly why the judge ruled the way they did and reference specific laws that apply to your case. If by chance you don't win, you can appeal to the Commissioner's Review Office within 30 days, but that's a much longer process. Most cases resolved at the OAH level don't get overturned at the Commissioner level unless there was a clear error in applying the law.

did u check ur eservices account? sometimes the decision shows up there before u get the mail. just login and look under 'letters' or 'decisions' tab