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Lydia Bailey

What happens if an employer does not attend an unemployment hearing Washington ESD

I have a hearing scheduled with Washington ESD next week because my former employer disputed my unemployment claim. They're saying I was fired for misconduct but I was actually laid off due to budget cuts. The hearing is set for Thursday but I just found out from a former coworker that the company is super busy right now and might not even show up to the hearing. What happens if they don't attend? Will I automatically win my case or do I still need to present evidence? I'm really stressed about this whole situation.

If your employer doesn't show up to the hearing, you'll still need to present your case to the administrative law judge. The hearing will proceed as scheduled, but you'll have a much better chance of winning since they won't be there to present their side of the story.

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That's a relief! I was worried they might reschedule if the employer didn't show. Do I need to bring any specific documents?

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Yes, bring any documentation you have about the layoff - emails, notices, your termination letter if you have one. Even if they don't show, you want to present a strong case.

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I went through this exact situation last year. My employer disputed my claim saying I quit when I was actually terminated. They never showed up to the hearing and I won by default essentially. The judge still asked me questions and I had to explain what happened, but without the employer there to contradict me, it was pretty straightforward.

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How long did the hearing take when they didn't show up?

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Maybe 15-20 minutes? The judge asked about the circumstances of my termination and reviewed the documents I brought. Way less stressful than I expected.

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This gives me hope! I have a similar situation coming up where my employer is claiming I was fired for attendance issues but I have medical documentation.

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You should definitely still prepare like they're going to show up. Sometimes employers will call in at the last minute or send a representative. Also, even if they don't attend, you'll want to have your timeline of events clear and any supporting evidence organized.

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Good point about preparing anyway. I've been documenting everything since I filed the claim. Better safe than sorry.

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Ugh I've been trying to get through to Washington ESD for weeks about my hearing info and can never reach anyone. The phone system is impossible! Has anyone found a way to actually talk to someone there?

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I had the same problem until someone on here told me about Claimyr. It's a service that helps you get through to Washington ESD agents. Check out claimyr.com - they have a video demo that shows how it works. Saved me hours of calling.

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Really? That sounds too good to be true. How much does it cost?

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They focus on the value of actually reaching someone rather than the cost. Worth checking out their demo video at https://youtu.be/7DieNd3C7zQ to see if it makes sense for your situation.

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The employer not showing up is actually pretty common. Most of the time they dispute claims just to make it harder for you, but when it comes to actually attending the hearing, they often don't bother. Especially smaller companies that don't have dedicated HR departments.

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That's exactly my situation - small company with no real HR. They probably just disputed it automatically.

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This is so frustrating. Why can employers just dispute claims with no consequences for wasting everyone's time?

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It's definitely a flawed system. But when they don't show up, it usually works in your favor as long as you have your facts straight.

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Make sure you join the hearing a few minutes early and test your audio if it's by phone. Even if your employer doesn't show, you want to make a good impression on the judge.

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It's a phone hearing, so I'll definitely test everything beforehand. Thanks for the reminder!

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I'm going through something similar but my employer is claiming I was fired for performance issues. They've been fighting my claim for two months now. It's so stressful not knowing if I'll get benefits or if I'll have to pay back what I've already received.

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That sounds terrible. Do you have any documentation about your performance or the termination?

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Some emails but not much. I wish I had kept better records. I never thought they'd fight the claim since they laid off three other people the same day.

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If they laid off other people the same day, that's strong evidence it was a layoff, not performance-related. Definitely mention that in your hearing.

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Pro tip: if your employer doesn't show up, the judge will still ask you to state your case, but they'll also ask if you have any evidence that contradicts the employer's written statement. Make sure you address their specific claims directly.

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That's really helpful advice. I should review their dispute letter and prepare responses to each point they made.

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Exactly! Even if they're not there to argue their side, their written statement is still part of the record.

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Washington ESD hearings are usually pretty fair in my experience. The judges understand that sometimes employers dispute claims just to make it difficult. If you were truly laid off due to budget cuts and have any documentation, you should be fine.

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I have an email from my supervisor mentioning the budget cuts but it doesn't specifically mention layoffs. Think that's enough?

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That's definitely helpful evidence. Any communication about budget issues or financial problems at the company supports your case.

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Just had my hearing last week and my employer was a no-show. The whole thing took about 20 minutes. The judge asked me to explain what happened, looked at the documents I submitted, and ruled in my favor. Way easier than I expected.

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That's encouraging! Did you get a decision right away or did you have to wait?

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I got the decision in writing about a week later, but the judge basically told me during the hearing that she was ruling in my favor.

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Be prepared for the possibility that they might show up at the last minute. I've seen employers call in right as the hearing is starting. Don't get your hopes up too much about them being a no-show.

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You're right, I should be prepared either way. I'd rather over-prepare than be caught off guard.

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The Washington ESD system is so backed up right now. I've been waiting three months for my hearing date and still nothing. At least you have a date scheduled!

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Three months?! That's crazy. Have you tried calling to check on the status?

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I've tried calling but you know how impossible it is to get through. Might have to look into that Claimyr thing someone mentioned earlier.

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Definitely worth checking out Claimyr for getting through to Washington ESD. The demo video at https://youtu.be/7DieNd3C7zQ shows exactly how it works.

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I work in HR and I can tell you that smaller companies often dispute claims automatically through their unemployment insurance carrier without really thinking about whether they'll attend the hearing. It's frustrating for everyone involved.

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That makes sense. My company used some payroll service that probably handled it automatically.

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This is exactly what happened to me. The company's payroll service disputed my claim even though my termination was clearly a layoff.

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Whatever happens, make sure you're polite and professional during the hearing. Even if your employer doesn't show up, you want to make a good impression on the administrative law judge.

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Absolutely. I've been practicing explaining the situation clearly and concisely.

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I had a similar situation where my employer claimed misconduct but didn't show up to the hearing. The judge still asked detailed questions about the alleged misconduct and wanted to understand the full situation. Be ready to explain everything clearly.

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Good to know they'll still ask detailed questions. I've been preparing a timeline of events leading up to the layoff.

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That's smart. Having a clear timeline really helps when you're explaining what happened.

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The fact that you found out from a coworker that they might not show up suggests the company is disorganized. That actually works in your favor - shows they're not taking the process seriously.

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That's a good point. The whole company has been chaotic since the budget cuts started.

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Don't forget that even if you win the hearing, the employer can still appeal the decision to the Board of Tax Appeals. It's not necessarily over after the first hearing.

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Ugh, I hope it doesn't come to that. This process is already stressful enough.

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Most employers don't bother appealing, especially if they didn't even show up to the first hearing. Try not to worry about it too much.

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Just want to say good luck with your hearing! It sounds like you have a solid case, especially if they really did lay you off due to budget cuts. Keep us posted on how it goes.

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Thank you! I'll definitely update the thread after the hearing. Hopefully it goes smoothly.

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One more thing - if you need to reach Washington ESD before your hearing to clarify anything, I had success using Claimyr after weeks of trying to call on my own. Worth checking out their website at claimyr.com if you're having trouble getting through.

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Thanks for the suggestion! I might need to call them if I have any last-minute questions about the hearing process.

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I went through a similar hearing last month where my employer disputed my claim saying I was fired for tardiness when I was actually terminated due to company restructuring. My employer didn't show up either, and while the hearing was much easier without them there, the judge still made me walk through the entire situation step by step. Make sure you have all your dates straight and can clearly explain the timeline of events leading to your layoff. The judge will want to understand exactly what happened and why you believe it was a layoff rather than misconduct. Having that email about budget cuts will definitely help your case - anything that shows the company was having financial issues supports your version of events. You've got this!

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