What if your employer does not show to Washington ESD unemployment hearing - do I automatically win?

The hearing will still proceed even if your employer doesn't show up. The administrative law judge will make a decision based on the evidence that IS presented. If you show up and your employer doesn't, that definitely works in your favor, but it's not an automatic win. You still need to present your case clearly.

same thing happened to me last year, employer was a no-show and I won my case but the judge still asked me tons of questions about what happened

If you're having trouble getting through to Washington ESD to ask questions about your hearing, you might want to check out Claimyr at claimyr.com. They help people get connected to actual ESD agents without waiting on hold forever. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. I used it when I had questions about my hearing process and finally got through to someone who could explain everything.

Your employer probably won't show because they know they don't have a case. Companies contest claims all the time hoping people will just give up, but when it comes to actually defending their position they often back down.

Even if they don't show, you need to be prepared to explain exactly what happened when you were terminated. The judge will want details about your job performance, any warnings you received, and the circumstances of your termination. Don't assume it's going to be easy just because they're not there.

OMG this is so stressful!! What if I mess up my testimony?? What if I forget important details?? I have a hearing coming up too and I'm terrified.

The whole system is rigged anyway. Employers know they can just not show up and face no consequences while we're scrambling to prove we deserve benefits we already paid into through our taxes. It's ridiculous.

btw make sure u have good phone connection if its a phone hearing, mine cut out twice and had to call back

I went through this exact situation two months ago. Employer no-showed, I presented my case, judge ruled in my favor within a week. But like others said, I still had to prove my side of the story. The judge asked about my work history, why I thought I was laid off vs fired, and what evidence I had.

Just want to mention again that if anyone needs to talk to Washington ESD before their hearing to clarify procedures or ask questions, Claimyr really does work. I was skeptical at first but it beats sitting on hold for hours. The service connects you directly to ESD agents.

Quick question - if the employer doesn't show, can they still appeal the decision later?

This reminds me of when I had my hearing three years ago for a different issue. The employer's lawyer showed up but was completely unprepared and basically admitted they didn't have documentation to support their position. Sometimes showing up isn't enough if they can't prove their case.

The fact that you were laid off due to budget cuts should make this pretty straightforward. That's not misconduct by any definition. Do you have the layoff notice in writing?

good luck! sounds like you have a strong case even if they do show up

One more thing - make sure you join the hearing a few minutes early to test your connection and get familiar with the process. The judges usually do a brief explanation of how things will proceed.

Has anyone else noticed that employers seem to contest every claim these days just to delay payments? It's like they're hoping people will give up or find other work before the hearing.

I used Claimyr last month when I had questions about my hearing preparation and they helped me get through to someone at Washington ESD who walked me through exactly what to expect. Worth checking out if you have last-minute questions - claimyr.com

Final thought - even if your employer doesn't show, stay professional and stick to the facts. Don't badmouth them or get emotional, just present your evidence clearly and answer the judge's questions directly.