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My ex-employer did not want to participate in my ESC hearing. Does this mean they are not fighting me on receiving benefits?

Lancaster, SC |
Filed under: Employee benefits

I was fired for misconduct for not taking a drug test but have several wittness to prove I did not smell of alcohol. I did not have an attorney during my ESC hearing and no one from the employer was part of the hearing. What does this mean?

Attorney Answers 2

Posted

Ultimately, the hearing officer will determine whether or not you are eligible for unemployment benefits, not your employer, so you will need to wait for a decision from that office.

However, the fact that your employer did not show up to present evidence will work in your favor, because no one was there to present contrary evidence against you during the hearing.

This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.

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Posted

The fact that you had an ESC hearing indicates that your employer is disputing your claim for unemployment compensation. Since your employer did not show up at the hearing, any evidence which you put forth at the hearing would be uncontroverted in the record. This does not mean that your employer has dropped their opposition to your receiving unemployment benefits, however, their failure to show up and respond to any evidence that you gave at the hearing will cause injury to their attempts to have your compensation claim denied.

DISCLAIMER – LEGAL ADVICE If you found this answer helpful, let me know by clicking the Thumbs-Up tab at the bottom. You may mark this as a Best Answer for the time I spent crafting this and thinking about your matter. My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.

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