During an unemployment appeal hearing, is it grounds for approval if the employer’s hearing rep appears but the employer themselves does not?

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During an unemployment appeal hearing, is it grounds for approval if the employer’s hearing rep appears but the employer themselves does not?

I filed the appeal as I was denied benefits because I was fired for alleged misconduct. But since the burden is on them to prove misconduct, how can they do so if the employer fails to personally appear? How would one ask the judge for approval on those grounds, if possible?

Asked on April 11, 2012 under Employment Labor Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you lost at the hearing process for your unemployment benefits and you then appealed the decision with respect to the denial of your claimed unemployment benefits, you as the appellant bear the burden based upon the administrative record at the hearing level that the decision by the hearing officer against you was wrong.

From what you have written, it does not matter if the employer attends the appeal hearing or not since by losing at the hearing level, the burden to change the decision against you now rests with you. In general, it would be a good decision for the employer to attend the appeal in person.


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