No-show employer at my ESD appeal hearing - guaranteed win?

its not a automatic win but it helps ALOT!! my boss didnt show up to mine last year and i won but the judge still asked me tons of ?s about what happened. they need to prove misconduct and if nobody is there to say u did something wrong its hard for them to deny u. good luck!!!

I'm an employment attorney and I can clarify this. It's not an automatic win if your employer doesn't attend, but it significantly improves your chances. The burden of proof for misconduct is on the employer. If they don't appear, they can't present evidence against you. However, the judge will still thoroughly question you about your separation from employment. Make sure you: 1. Be honest about all details of your separation 2. Bring any documentation that supports your version of events 3. Be prepared to explain why your actions didn't constitute misconduct 4. Answer questions directly and concisely The judge may also have access to any documents your employer previously submitted to ESD, so be prepared to address those.

I went through this exact situation in February! My employer didn't show up and I was so relieved thinking it would be easy, but the judge had printed out all the emails between me and my manager that the company had submitted. It was still helpful they weren't there because I could explain everything without being interrupted or contradicted. I won my appeal and got backpay for 11 weeks which was almost $7,800. Just be super prepared with dates and details about what happened!

I had my hearing last month and was freaking out because I couldn't get straight answers from ESD about how to prepare. I finally got through to an actual claims specialist after using Claimyr (claimyr.com) - they got me connected to ESD in about 25 minutes when I'd been trying for days. The agent walked me through exactly what to expect at the hearing and how to prepare. You can see how their system works in this video: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Anyway, in my hearing the employer DID show up and I still won because they couldn't prove misconduct. Just be honest and consistent with your story.

I've been through three different ESD appeals over the years (layoffs in construction are fun!). Here's what I've learned about no-show employers: 1. It's NOT automatic, but it's a huge advantage 2. The judge has to make their decision based on available evidence 3. The burden of proof for misconduct is on the employer 4. The judge will still thoroughly question you 5. Your testimony becomes the primary evidence if employer isn't there Some practical advice: Dress professionally, address the judge respectfully, bring 3 copies of any documents (one for you, judge, and would-be employer), and stick to facts rather than emotions. Don't badmouth your former employer - that never looks good.

The system is RIGGED! I had a hearing where my employer didn't show up and I STILL LOST because the judge said the written statement they provided before the hearing was enough!!! They claimed I was consistently late but didn't provide ANY proof, yet somehow that was enough. I appealed to the Commissioner and waited ANOTHER 12 WEEKS only to get denied again. Don't trust that you'll win just because they don't show up!

Update: I had my hearing yesterday and my employer didn't show up! The judge was really thorough though and asked me a ton of questions about the circumstances of my termination. They had the written statement from my employer claiming I ignored safety protocols, but I was able to explain that I'd actually requested additional training on the new procedures multiple times (and had emails to prove it). The judge seemed pretty receptive, but said I'll get the decision in 7-10 days. Fingers crossed!

Final update: I WON MY APPEAL!!! The decision came in the mail today - the judge ruled that my employer failed to establish that my actions constituted misconduct as defined under Washington unemployment law. I'll be getting backpay for all 10 weeks I've been waiting (about $6,240). Thank you all so much for your advice and support. For anyone else going through this, definitely bring all documentation and be prepared to clearly explain your side even if the employer doesn't show up.