ESD Petition For Review filed after employer missed appeal hearing - will I lose benefits?

Yes, I went through this exact situation last year. The good news is that your benefits WILL continue during the Petition For Review process. The Commissioner's Office treats the ALJ's decision as valid until they explicitly overturn it, which means you keep getting paid. As for whether they'll grant the review - it depends on their reason. Medical emergencies are considered 'good cause' for missing hearings, so they might get another hearing. However, they have to provide documentation of the emergency. When this happened in my case, the Commissioner's Office granted a new hearing but then I still won the second time around.

The Petition For Review process typically takes 30-45 days for a decision. The Commissioner will review the case file, any written arguments submitted by either party, and determine if there was good cause for the missed hearing. If they grant a new hearing, you'll want to prepare thoroughly. Get all your documentation in order showing you were laid off rather than fired for misconduct. This includes any performance reviews, emails, termination paperwork, etc. For the second hearing, you're not required to have an attorney, but it can be helpful. WorkSource offices sometimes have free legal resources for unemployment hearings.

JUST WENT THRU THIS!!! My former employer missed the hearing and then filed a petition saying there was a "scheduling confusion" on their end. Guess what? THE COMMISSIONER GRANTED THEM A NEW HEARING!! I was so mad because I thought it was done with. The whole system is rigged to favor employers!!! My only advice is to start gathering EVERY BIT of evidence now. Emails, texts, performance reviews - anything showing you weren't fired for misconduct. The second hearing was way more intense and they came prepared with a lawyer and 3 witnesses.

Something nobody has mentioned yet - you can (and should) file a response to their Petition For Review. You'll receive papers explaining the petition process, and there should be instructions on how to submit your own written argument about why they shouldn't get a second hearing. I'd suggest focusing on how you prepared for the hearing, took time off work/job searching, and were present as required. Emphasize the hardship of delaying the process further. Medical emergencies happen, but they should have to provide some evidence of it.

Call ESD to check on your case! O wait...good luck with that, lol. Been trying for WEEKS to reach a human at ESD about my adjudication issue. always busy signals or get hung up on after waiting for hours. total nightmare trying to reach them!

does anyone kno if u can get unemployment back pay if u win the second hearing? my friend lost benefits during her appeal process and im wondering if they give u back pay when u win

One additional point - document EVERYTHING now. If you have phone conversations with ESD representatives about your case, write down who you spoke with, the date/time, and what they told you. Same goes for any conversations with your former employer. In my second hearing, these notes were extremely valuable as evidence. Also, you might want to request your complete claim file from ESD through their records department. This will show you exactly what your employer is claiming and help you prepare your case if they do get a new hearing.

@OP - To answer your question from my earlier comment - yes, my benefits continued the whole time between hearings. The second hearing went badly for me because I wasn't prepared enough and didn't understand some of the legal terminology their lawyer was using. They got my benefits reversed and I had to pay back $4,800!!! Now I'm appealing THAT decision to Superior Court but it's been a nightmare. Don't be me - prepare way better than I did if you get a second hearing.

One more thing - if the Commissioner does grant a new hearing, you'll receive a Notice of Hearing with the date, time, and instructions. Make sure you don't miss the deadline to submit any new evidence before the hearing. There's usually a cutoff date for both parties to submit documents, and anything submitted after that might not be considered. In the meantime, keep doing your weekly claims and job search activities as required. The last thing you want is to be disqualified for some unrelated reason while fighting this battle.