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Astrid Bergström

What if your employer does not show to Washington ESD unemployment hearing?

I have an unemployment hearing scheduled for next week because my former employer is contesting my claim. They're saying I was fired for misconduct but I know that's not true - I was let go due to budget cuts. My question is: what happens if they don't show up to the hearing? Will I automatically win my case? I'm really nervous about this whole process and don't know what to expect. Has anyone been through this before?

If your employer doesn't show up to the hearing, you'll likely win by default. The administrative law judge will make a decision based on the information available, which would be your testimony and any documentation you provide. Make sure you still prepare thoroughly and bring all your evidence - termination letter, emails, performance reviews, etc.

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That's a relief to hear! I do have my termination letter that clearly states 'position eliminated due to restructuring' so that should help my case.

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yes but dont count on them not showing up, employers usually do show up to contest these things

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I went through this exact situation last year. My employer didn't show and I won my case, but the judge still asked me detailed questions about what happened. Don't think it's going to be easy just because they might not show. Prepare like they will be there.

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Good point. What kind of questions did the judge ask you? I want to make sure I'm ready for anything.

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They asked about my job duties, what led to the termination, if I received any warnings, and whether I had any documentation. Just be honest and stick to the facts.

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Honestly, trying to reach Washington ESD to get clarification on hearing procedures is nearly impossible. I spent hours on hold last month trying to get answers about my own case. If you need to speak with someone at Washington ESD about your hearing, I'd recommend checking out Claimyr at claimyr.com - they have a service that helps you get through to ESD agents. There's even a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of Claimyr before but might be worth a try. Washington ESD phone system is absolutely terrible.

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Thanks for the suggestion! I'll check that out if I need to call them before my hearing.

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Even if they don't show up, you still need to prove your case. The burden is on you to show that you were eligible for benefits and that your termination wasn't due to misconduct. Bring copies of everything - your work schedule, any performance reviews, company policies, etc.

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I have most of that documentation. Should I also bring witness statements from coworkers who were also laid off?

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Absolutely! If other employees were also let go due to budget cuts, that strengthens your case that it wasn't about your performance.

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This happened to me and my employer still won even though they didn't show up! Turns out they had submitted written statements beforehand. Don't assume anything.

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Wait, really? How did they win if they didn't even show up to defend their position?

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They had submitted documentation to Washington ESD before the hearing claiming I was fired for attendance issues. I didn't have good records to counter their claims.

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This is why documentation is so important. Always keep records of everything at work - emails, performance reviews, attendance records if possible.

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The Washington ESD hearing process is actually pretty fair if you come prepared. Even if your employer doesn't show, the judge will still want to hear your side of the story and see evidence. Don't go in unprepared thinking it's an automatic win.

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That makes sense. I'm definitely going to prepare like they'll be there. Better safe than sorry.

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I work in HR and I can tell you that most employers do show up to these hearings, especially if they're contesting the claim. They usually send their HR representative or a manager who was involved in the termination decision.

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That's what I'm expecting. My former manager seemed pretty determined to fight this claim.

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employers hate paying unemployment costs so they usually fight every claim they can

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Just had my hearing last month. Employer showed up with their lawyer and everything. Still won though because I had all my documentation ready. The key is being organized and truthful.

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Wow, they brought a lawyer? That's intimidating. Did that make it harder?

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It was intimidating at first but the judge kept things fair. Having a lawyer doesn't automatically mean they'll win if the facts are on your side.

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THE WHOLE SYSTEM IS RIGGED! I've been to three hearings and lost every single one even when I had documentation. These judges always side with the employers no matter what!!!

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That's not true. I've seen plenty of cases where the employee wins. It really depends on the facts and evidence presented.

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Maybe your experience was different but mine sure wasn't. The whole Washington ESD system is broken.

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Quick question - do you know what time your hearing is? Mine is at 10 AM and I'm wondering if I should take the whole day off work or just the morning.

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Mine is at 2 PM. I'm taking the whole afternoon off just in case it runs long.

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Good idea. My hearing was scheduled for an hour but ended up lasting almost two hours because of all the questions and testimony.

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I used Claimyr when I needed to speak with Washington ESD about rescheduling my hearing. Worked great - got through to an agent in about 10 minutes instead of waiting on hold for hours. Really saved me a lot of stress.

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How much does that service cost? Seems like it might be worth it to avoid the phone hassle.

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I don't remember the exact cost but it was definitely worth it for the time saved. Check their website for current pricing.

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Make sure you understand the difference between a misconduct termination and a layoff. If your employer is claiming misconduct, they need to prove that you willfully violated company policy or were negligent. A budget cut layoff is completely different.

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Yes, exactly! My termination letter clearly states it was due to restructuring, not performance issues. That should be strong evidence.

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Been through this process twice. First time my employer didn't show and I won easily. Second time they showed up with a whole presentation and I still won because I had better documentation. It really comes down to who has the better evidence.

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That's encouraging to hear. I feel like I have solid evidence but you never know how these things will go.

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Just be confident in your testimony and stick to the facts. Don't let them rattle you if they do show up.

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wait so if they dont show up do you still have to do the hearing or does it get canceled?

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The hearing still happens. You'll present your case to the judge and they'll make a decision based on the available information.

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ok thanks that makes sense

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I'm actually going through something similar right now. My employer is claiming I was fired for cause but I know it was really because I complained about safety violations. Has anyone dealt with wrongful termination claims during unemployment hearings?

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That sounds like a more complex situation than mine. You might want to talk to an employment lawyer about that.

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Definitely document everything related to your safety complaints. That could be relevant to your case.

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For what it's worth, I've found that Washington ESD judges are generally pretty fair. They want to hear both sides and make a decision based on the facts. Don't stress too much about it - just be prepared and tell the truth.

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Thanks for the reassurance. I'm definitely nervous but I feel like I have a good case.

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One thing I learned - if your employer doesn't show up, you might get a decision that day. If they do show up, it could take several days or even weeks to get the written decision in the mail.

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Good to know! I'm hoping for a quick resolution either way.

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Yeah, the waiting is the worst part. But once you get the decision, it's final unless someone appeals to the Board of Industrial Insurance Appeals.

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I tried calling Washington ESD multiple times to ask about my hearing procedures and could never get through. Finally found Claimyr and they got me connected to an agent who answered all my questions. Definitely recommend it if you need to talk to someone at ESD.

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Several people have mentioned Claimyr now. I might give it a try if I need to call Washington ESD before my hearing.

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I looked at their website after seeing it mentioned here earlier. Looks legit and the demo video explains how it works pretty well.

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Whatever happens, don't take it personally. These hearings are just about determining eligibility for benefits based on the facts. Stay professional and focused on what actually happened.

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Good advice. I'll try to keep my emotions in check and just focus on presenting the facts clearly.

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Update us after your hearing! I'm curious to know how it goes. Good luck!

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Will do! Thanks everyone for all the advice and support. Feeling much more prepared now.

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