Employer no-show at my ESD appeal hearing - what happens now?

This is actually good news for you. When employers don't show up to hearings, they can't present counter-testimony to whatever you said. The judge will still review all documents that were submitted before the hearing deadline, but without the employer there to explain their side or question your testimony, you definitely have an advantage. In my experience as an advocate, employer no-shows significantly increase approval rates, especially in cases like yours where there are medical factors involved. The fact that you were able to explain the "pivot program" and your medical limitations without opposition is positive. Expect a written decision in about 7-14 days. While waiting, make sure you continue filing your weekly claims so there's no gap if you win.

Something similar hapend to me last month!! my boss didnt show up to my hearing either and I won my case! Judge said they take that as the employer not contestng the claim anymore. got my decision letter 9 days later. keep checking your mail!!

Just to provide accurate information: an employer no-show doesn't automatically mean you win. The judge will still evaluate all evidence submitted before the hearing, including any employer statements or documentation already in your file. However, it definitely helps your case because there's no one there to counter your testimony or ask challenging questions. The key factor will be whether you can demonstrate that you had good cause to leave the position. Medical issues that prevent you from performing required duties, especially when documented, often qualify as good cause. The "pivot program" element is also important - if you can show it was essentially a prelude to termination rather than a genuine improvement opportunity, that can help your case. Expect a written decision in 1-2 weeks. They'll mail it to your address on file. If approved, backpay should be processed for all weeks you've properly filed.

I was in almost the exact same boat! Working at Amazon too (fulfillment center), got put on a performance plan while dealing with a back injury, and ended up leaving. Employer didn't show to my hearing either. The judge was pretty sympathetic to my situation. Amazon had submitted a bunch of paperwork ahead of time, but without someone there to explain their side, the judge seemed to take my explanation of events more seriously. I won my case and got back pay for all 8 weeks I had been filing. The most important thing in my case was proving that I COULDN'T do the work because of my health issues, not that I WOULDN'T do it. Make sure that distinction was clear in what you told the judge.

anybody else notice that ESD is taking FOREVER to process anything these days??? my neighbor waited 11 weeks for her appeal decision!! the whole system is broken if u ask me

Hey, if you need to reach ESD while waiting for your decision, try using Claimyr. I was in the same boat last month - endless busy signals and hangups when trying to check on my appeal status. Claimyr got me through to an actual ESD agent in about 25 minutes instead of spending days trying. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Their website is claimyr.com. Seriously saved my sanity during the waiting period.

BUCKLE UP FOR THE WAIT!!! My hearing was 5 WEEKS AGO and still no decision!!! Called OAH and they said "it's in process" whatever that means. ESD is the absolute WORST system I've ever dealt with. They're probably too busy denying legitimate claims to actually process appeals in a timely manner!!!

make sure u keep filing ur weekly claims while u wait!!! my cousin didnt do that and when he won his appeal he only got paid for the weeks he actually filed!

Update us when you get your decision! Based on what you've described (medical issues + pivot program + employer no-show), I think you have a strong case. The key factor in voluntary quit cases is whether you had "good cause" to leave, and medical inability to perform required duties often meets that standard. The appeal decision will include detailed reasoning from the judge about why they ruled the way they did. This is actually really helpful because even if you don't win, the decision will explain exactly what evidence was missing or what standards weren't met. That gives you a clear roadmap if you need to appeal to the Commissioner Review Office (the next level of appeal).

Hey Sofia! I went through a similar situation with my employer not showing up to my appeal hearing last year. In my case, it definitely helped - the judge seemed more receptive to my side of the story without the employer there to contradict everything I said. One thing that might help your case is that Amazon's "pivot program" is pretty well-known in the unemployment world as being a setup for termination rather than genuine performance improvement. I've seen several cases where judges recognized this pattern, especially when combined with medical issues like yours. The medical angle is really important here. Even if you didn't bring documentation to the hearing, the judge will consider your testimony about how your recovery affected your ability to meet their requirements. The key is that you left because you COULDN'T perform the work due to medical limitations, not because you just didn't want to. Fingers crossed for you! Most decisions come out within 10-14 days, so hopefully you'll hear something soon. Keep filing those weekly claims in the meantime!

I've been through a similar situation with an employer no-show, and it definitely worked in my favor! The judge seemed to appreciate getting an uninterrupted account of what happened without the employer there to dispute every detail. Your case sounds really strong - the combination of medical limitations, Amazon's notorious "pivot program," and the employer not showing up gives you several advantages. I've heard from other folks that judges are pretty familiar with how these performance improvement programs actually work at big companies like Amazon. The medical recovery aspect is huge. You weren't just quitting because you didn't like the job - you had legitimate health reasons that prevented you from meeting their requirements. That's textbook "good cause" for leaving employment. I know the waiting is brutal when you've got bills piling up, but try to stay optimistic. Most OAH decisions come out within 2 weeks, and employer no-shows have a pretty good success rate from what I've seen in this community. Make sure you keep filing those weekly claims so you don't miss any potential backpay! Sending good vibes your way - really hoping you get that approval letter soon! 🤞

Just wanted to add some perspective as someone who works in employment law - employer no-shows at OAH hearings are actually pretty common, especially with large companies like Amazon. They often submit their documentation ahead of time and figure that's sufficient, which can definitely work in your favor. The fact that you were able to clearly articulate the medical necessity aspect without interruption is huge. Judges understand that companies like Amazon have very specific productivity metrics that can be impossible to meet when you're recovering from surgery. The "pivot program" context just reinforces that this wasn't a voluntary quit in the traditional sense. One thing to keep in mind - even if by some chance the initial decision doesn't go your way, the fact that your employer didn't participate in the hearing process could actually strengthen any further appeal you might need to file. Their absence creates a record that they weren't willing to defend their position in person. Stay positive and keep doing what you're doing with the weekly filings. Based on what you've shared, this sounds like a textbook case of good cause separation due to medical limitations. The waiting is awful, but you're in a much better position than you might think!

I'm going through almost the exact same thing right now! Just had my hearing yesterday and my former employer (also a major retailer) was a complete no-show. Like you, I left due to medical issues - I have chronic pain that flared up badly and couldn't handle the physical demands anymore. My judge also didn't give away much during the hearing, but I noticed they asked really detailed questions about my medical condition and whether I tried to get accommodations first. I think that's a good sign that they're taking the medical aspect seriously. The waiting is absolutely torture when you're behind on bills! I've been out of work for 2 months now and burning through what little savings I had. Really hoping both our cases go well - it sounds like we have similar circumstances with the medical issues being the main factor. Did you happen to mention anything about trying to work with HR or asking for accommodations? I'm wondering if that matters for the decision. Keep me posted on what you hear - I'll do the same! We've got this! 🤞