Won my unemployment hearing and now the employer is appealing
I was found disqualified for benefits and appealed the decision. I attended a telephone hearing where the employer did not appear. I won the hearing and now the employer is appealing that decision. What do I do?
In this case, it appears you were discharged, meaning for the hearing the employer has the burden of proof to establish you were discharged for misconduct within the definition of the law. When the employer does not appear, you basically win the hearing without doing anything. The best bet in this case is not to say anything since you would only be “guessing” why you were fired and you certainly wouldn’t want to help the employers case would you?
For this case the employer is requesting to reopen the case since they did not appear at the first hearing. Many times employers are lazy and simply hope you lose the case so it does not require any effort on their half, and then if you do win then they decide all of a sudden that they care about it.
The employer must establish good cause for failing to appear at the hearing. Many times the employer is unable to provide a reason valid enough that the hearing officer is willing to reopen the case. Most of the time the hearing officer realizes the employer was simply lazy and did not want to appear at the first hearing. After this happens your unemployment benefits are AFFIRMED, meaning you will continue to receive benefits. After this occurs do not worry, the employer cannot continue appealing and trying to have your benefits denied.