Employer no-show at my ESD appeal hearing - what happens now?
Had my appeal hearing with OAH today for my ESD disqualification, but my employer didn't show up at all! I'm nervous about what this means for my case. The judge listened to my side but didn't really give any hints about the decision. My situation: I was put into Amazon's "pivot program" (basically performance improvement) while recovering from surgery. I couldn't physically or mentally handle the workload due to my medical situation and the extreme stress. They're claiming I quit voluntarily, but I explained to the judge that my circumstances were exceptional - it wasn't a simple quit situation. Does an employer no-show usually help my case? Or does the judge just go by whatever documentation they already submitted? The waiting is killing me and I've got bills piling up! Really need this decision to go my way. Anyone been through something similar with an employer not showing up to the hearing?
18 comments
Dmitry Smirnov
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.
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Sofia Perez
•Thank you so much, that's reassuring! Do you know if the judge will call my doctor or anything? I mentioned my medical situation but didn't have official documentation with me (didn't know I needed to bring it).
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ElectricDreamer
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!!
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Sofia Perez
•Really?? That's awesome! Congrats on winning your case! Do you know if they backpay all the weeks during the appeal process? I've been filing but not getting paid for like 6 weeks now.
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Ava Johnson
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.
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Miguel Diaz
•EXACTLY RIGHT. Dont get ur hopes up too high. My employer didnt show but the judge had a STACK of emails they sent with all the write ups and warnings I had. Judge said employer attendance at hearing is OPTIONAL and didnt care they werent there!!! I lost even w/them not showing up and had to pay back $4230!!
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Zainab Ahmed
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.
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Sofia Perez
•That's exactly the distinction I tried to make! I explained that physically I couldn't keep up with the metrics because of my recovery limitations, and mentally the stress of the pivot program was making my condition worse. I hope the judge understood that part. So glad to hear from someone who went through almost the exact same thing!
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Connor Byrne
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
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Yara Abboud
•Yes!! I've been trying to call ESD about my adjudication for 3 weeks - can't get a human on the phone no matter what time I call. Always says "high call volume" then hangs up! Absolutely ridiculous.
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Yara Abboud
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.
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Sofia Perez
•Thanks for the tip! I'll definitely look into that if I don't hear anything in the next week. Getting someone on the phone at ESD seems impossible these days.
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Miguel Diaz
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!!!
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Dmitry Smirnov
•That's unusual. OAH (Office of Administrative Hearings) typically issues decisions within 2-3 weeks. You should call them again and specifically ask if there's a problem with your case. Reference the 30-day expected timeframe for decisions. Sometimes cases fall through the cracks, and a follow-up call can get things moving again.
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ElectricDreamer
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!
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Sofia Perez
•Yes, I've been religiously filing every week! Thanks for the reminder though - that would be devastating to win but not get the backpay because of missing weekly claims.
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Dmitry Smirnov
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).
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Sofia Perez
•I definitely will! Really hoping I don't have to go to another level of appeal - this process has already taken almost 3 months from when I first applied. Thanks for all the info and support!
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