what happens when my ex-employer did not show up to an unemployment hearing that I appealed?

i was terminated for giving information to an outsider which is not true. I was denied benefits. I then appealed and was scheduled a hearing at a local unemployment office. However, only my witness and I showed up; my ex-employer was not present. I submitted text messages as proof, as well as my witness. The meeting still continued. I am just wondering if i have a better chance of winning if they did not show?

Asked on September 26, 2017 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you have a better chance of winning if they did not show: 1) the hearing officer could conclude that by not showing, they defaulted--basically lost by forfeiting; 2) even if the hearing officer does not do that, if they are not there, they did not present their side in person, respond to the hearing officer's questions, refute whatever you said, etc.--they put themself at a significant disadvantage by denying themselves an opportunity to put on their "case."

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