ESD appeal hearing tomorrow - employer hasn't confirmed attendance - what happens?

This actually worked in my favor when it happened to me last year! If your employer doesn't show up for the hearing, the judge only has your testimony to consider. Since they're the ones who contested your claim, their absence can significantly weaken their position. The judge will likely proceed with the hearing as scheduled and make a decision based on available evidence. Make sure you're prepared to clearly explain why you believe you were laid off rather than voluntarily quitting. Have any documentation ready - emails about restructuring, separation paperwork, etc. The judge will ask you specific questions about the circumstances of your separation from employment. Be factual and avoid emotional statements about the company. Also, be sure to call in 5-10 minutes early and wait quietly. They sometimes start these hearings a bit early if everyone's available.

im my experence if they dont show up u pretty much win by default.... the judge asked me my side of story and thats it, super easy. took like 15min total. good luck!!

The Administrative Law Judge (ALJ) will almost certainly proceed with the hearing even if your employer doesn't participate. Here's what typically happens: 1. The judge will note on the record that your employer was properly notified but failed to appear 2. The hearing will continue with your testimony and any evidence you present 3. The judge will consider any documents your employer may have submitted prior to the hearing (very important to know - check if they sent anything!) 4. You'll still need to meet your burden of proof that the separation wasn't voluntary While an employer's absence doesn't automatically guarantee you'll win, it does mean they won't be present to rebut your testimony. The judge will make a decision based on the preponderance of evidence available. Be ready to clearly explain the circumstances around your separation, focusing on facts rather than emotions. And remember, the burden of proof for showing misconduct falls on the employer - if they're claiming you quit voluntarily but aren't there to testify to that fact, it strengthens your position significantly.

I was in this EXACT situation in February! Let me tell you what happened to me... My employer contested my claim saying I was fired for misconduct (completely untrue), but then nobody from HR showed up for the hearing!!! The judge asked me a bunch of questions about what happened, and I just told my side honestly. Since nobody was there to contradict me, the judge ruled in my favor and I got all my backpay about 10 days later. $5,780 all at once! The key thing the judge told me was that since the employer contests the claim, the burden is on THEM to prove misconduct. If they don't show up, they can't do that! One thing though - make sure you call in on time. I've heard they'll dismiss your case if you're late, even by a few minutes. Good luck!!

Don't get too excited yet! I won my hearing when my employer didn't show, but they appealed THAT decision to the Commissioner's Review Office and I had to go through another 6 weeks of waiting. Make sure you have all your documentation ready and keep filing your weekly claims while you wait for the decision.

Has anyone tried using Claimyr to get through to ESD? I had similar issues with my appeal hearing and needed to ask questions before it happened. Spent days trying to reach someone at ESD with no luck. Then I found this service called Claimyr (claimyr.com) that got me connected to an actual ESD agent in under 25 minutes! They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent was able to tell me exactly what documents had been submitted for my hearing and helped me understand what to expect. Totally worth it for the peace of mind before my hearing.

Whatever you do, DON'T MISS that hearing call!!! My cousin missed his because his phone died and they ruled against him automatically. They're super strict about that stuff.

sometimes they let u do a reschedule if u have a good reason, just saying

UPDATE: Just had my hearing and wanted to let everyone know what happened! My employer actually DID show up - it was someone from HR I've never even met before. But the good news is the judge ruled in my favor right on the call! The HR person couldn't provide any evidence that I quit voluntarily, and I had those emails showing the restructuring that I mentioned. The judge said I should see the decision letter in 7-10 days and then my payments should start processing if nothing else comes up. Thanks everyone for your help and advice!