Question about EDD Appeal Hearing (Employer no-show) (receive, state, employee)

[zora84]

Hi,
I was recently denied CA unemployment. I appealed and had to go to a hearing earlier today. Upon arriving, I looked over my file, and waited to go before the judge.
Thirty minutes after my scheduled appointment, I was called to the front and told, "You can go, you will receive a letter in a few days. The employer was a no-show."
He left before I could question him. I was confused because I assumed that I would still be able to tell my version of events still, with or without the employer.
So basically, I never got to see the judge. I'm extremely nervous at this point. What does this mean? Some are telling me that I will now win my case because the employer (I learned they were using a company called UC Express??) never showed.
Others are simply telling me that the company knows they will win and therefore there's no point in showing up.

Any advice??

[Ariadne22]

Generally, with the employer a no-show, you should be granted benefits. Depending on their argument, however, that is not a given. They may have submitted 'evidence' in lieu of their appearance. Know that the employer can appeal a ruling in your favor at a later date. Keep appealing. The fact that the employer didn't show wasn't necessarily because they 'knew' they would win. The reason they didn't show was because they 'knew' they could continue to appeal if the ruling went against them. Some employers do this repeatedly for harassment.

Let us know the ruling when you get it - and what happens after that.

[zora84]

Thanks for your response. Hopefully I hear back soon.

[zaj2]

Originally Posted by zora84

Hi,
I was recently denied CA unemployment. I appealed and had to go to a hearing earlier today. Upon arriving, I looked over my file, and waited to go before the judge.
Thirty minutes after my scheduled appointment, I was called to the front and told, "You can go, you will receive a letter in a few days. The employer was a no-show."
He left before I could question him. I was confused because I assumed that I would still be able to tell my version of events still, with or without the employer.
So basically, I never got to see the judge. I'm extremely nervous at this point. What does this mean? Some are telling me that I will now win my case because the employer (I learned they were using a company called UC Express??) never showed.
Others are simply telling me that the company knows they will win and therefore there's no point in showing up.

Any advice??

It does not mean the Employer wins. If so, you need to appeal again as you would have been denied due process.

[zora84]

Originally Posted by zaj2

It does not mean the Employer wins. If so, you need to appeal again as you would have been denied due process.

Can you please expound? Due process? Meaning I didn't get a chance to prove my case?

[zora84]

UPDATE!!!!

I finally received a letter back from EDD. It states that "the case is dismissed" because "The appellant was served notice but did not appear at the hearing".

What does this mean?? At first I was excited thinking that I "won", but I see nothing regarding if I will receive unemployment. There are two other forms that explain how either party can appeal this decision.

I'm trying not to get ahead of myself and get my hopes up that's all.

Thanks in advance.

[PJ1252]

If I remember correctly in Connecticut they give the employer another chance to show up, I know they give the employee another chance to show up if they are a no show - I dont believe they give any further chances to show up and will then make a determination -Not too sure what they do in California - You may want to visit the California room and ask in there -

[zora84]

Originally Posted by PJ1252

If I remember correctly in Connecticut they give the employer another chance to show up, I know they give the employee another chance to show up if they are a no show - I dont believe they give any further chances to show up and will then make a determination -Not too sure what they do in California - You may want to visit the California room and ask in there -

Yeah I had a feeling I would have to do more to get unemployment.

[Ariadne22]

Originally Posted by zora84

UPDATE!!!!

I finally received a letter back from EDD. It states that "the case is dismissed" because "The appellant was served notice but did not appear at the hearing".

What does this mean?? At first I was excited thinking that I "won", but I see nothing regarding if I will receive unemployment. There are two other forms that explain how either party can appeal this decision.

I'm trying not to get ahead of myself and get my hopes up that's all.

Thanks in advance.

You won. Appellant is your employer - or should be since you were there and they weren't. Call or email EDD about when you can expect your benefits to begin/resume. EDD is responsive to emails. Your employer may appeal again. I don't think CA is as liberal as other states in employer harassment of this type, so it should stop at some point if they decide to pursue this further.

Not sure what the other poster means about the 'California room.'

[zora84]

Originally Posted by Ariadne22

You won. Appellant is your employer - or should be since you were there and they weren't. Call or email EDD about when you can expect your benefits to begin/resume. EDD is responsive to emails. Your employer may appeal again. I don't think CA is as liberal as other states in employer harassment of this type, so it should stop at some point if they decide to pursue this further.

Not sure what the other poster means about the 'California room.'

Thank you so much!! I will email them Monday. Hopefully they don't appeal again, I was honestly surprised when they didn't show up!

I figured 'california room' meant the edd office?

Thanks again!