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This is such a frustrating situation, but I'm really glad you were able to get through to an agent and discover what's actually happening! Your employer claiming misconduct AFTER you already won your initial appeal is absolutely shady. The fact that you have text messages from your manager confirming the layoff is going to be your strongest piece of evidence. A few additional things to consider for your appeal: - Request the exact date your employer submitted this "new evidence" - if it was after your successful hearing, that raises serious questions about why they didn't present it initially - See if you can get documentation about the restaurant's business conditions during that time (reduced hours, other layoffs, etc.) - If possible, get statements from coworkers who can verify the layoff situation The Board of Review hearing will be your chance to present all this evidence and challenge your employer's revised story. Don't let them intimidate you - you have documentation on your side. Legal aid will definitely help you prepare a strong case. This kind of employer retaliation after losing an appeal is exactly why the appeals process exists. Keep us posted on how it goes!
This is really solid advice! I especially agree about getting the exact date when your employer submitted their "new evidence." The timing is super suspicious - if they had legitimate misconduct evidence, why wouldn't they present it during the original hearing? It almost sounds like they're retaliating for losing the first appeal. Your text messages from the manager are going to be key, but documenting the broader context like you mentioned (business slowdown, other layoffs) will really strengthen your case. The Board of Review should see right through this kind of after-the-fact misconduct claim. Rooting for you!
I'm so sorry you're going through this nightmare! The fact that your employer waited until AFTER you won your appeal to suddenly claim misconduct is extremely suspicious and honestly feels like retaliation. Having those text messages from your manager confirming the layoff is going to be huge for your case. A couple things that might help strengthen your appeal: - Try to get any documentation showing the restaurant's reduced business during that time (maybe old schedules, receipts, or even social media posts about being slow) - If other employees were laid off around the same time, see if any would be willing to provide brief statements - When you file your appeal, specifically mention the suspicious timing of your employer's "new evidence" - why didn't they present this during the original hearing if it existed? The whole situation is infuriating but you're handling it exactly right. Getting legal aid involved is smart, and having actual documentation (those texts) puts you in a much stronger position than most people dealing with these kinds of employer lies. Don't let them intimidate you - the Board of Review should be able to see through this obvious retaliation attempt. Keep fighting!
This whole situation really highlights how broken the UC system can be! The timing alone makes your employer's misconduct claim look completely fabricated. I'd also suggest when you're gathering evidence, try to get any written communication from that time period - emails, schedules, even photos of "slow business" signs if the restaurant had them up. Sometimes the smallest details can make a huge difference. Also, if you have any paystubs or work records showing your regular employment pattern before the layoff, that could help prove you were a good employee. The fact that they're trying to flip the script after losing once just shows they're grasping at straws. You've got this!
For future reference: If you encounter system maintenance during your filing period, you have three options: 1. Wait for the system to come back online (usually 24-48 hours for emergency maintenance) 2. Call the UC service center (though busy signals are common during outages) 3. If your benefits are at risk due to approaching deadlines, you can submit a request for backdating through your dashboard once the system is back up PA UC typically extends filing deadlines automatically when there are system-wide issues, but it's always best to file as soon as possible once service is restored.
Wow, what a nightmare! I'm so glad I found this thread. I was panicking yesterday when I couldn't access the site - thought maybe my account got suspended or something. It's ridiculous that they don't send out any kind of notification when the system goes down. At minimum they should put up a banner on the homepage or send an automated email. Really appreciate everyone sharing their experiences and tips here, especially about the phone filing option and the deadline extensions. Going to sign up for those text alerts Paolo mentioned once everything is stable again!
I'm glad this thread helped ease your panic! I was in the exact same boat - first thought was that something was wrong with my account. It's really frustrating that PA UC doesn't have better communication protocols for these outages. Hopefully they'll improve that system along with their maintenance scheduling. The community here is definitely a lifesaver for situations like this!
I'm going through something similar right now! Got approved yesterday morning, then denied 2 hours later for the same 401(d)(1) reason. I'm perfectly healthy and was laid off from my retail job - never said anything about being unable to work. This is so stressful when you're already dealing with job loss! I'm definitely filing an appeal today after reading all this advice. It's crazy how common this system error seems to be. Really hoping they get this sorted out soon because people depend on these benefits to survive while job hunting.
I'm so sorry you're dealing with this too! It's really frustrating how widespread this system error seems to be. Based on what everyone's shared here, definitely file that appeal ASAP and make sure to be very clear that you're able and available to work with no health restrictions. Also keep filing your weekly claims while waiting for the appeal hearing - that seems to be super important. Hopefully we'll both get this sorted out quickly!
This exact same thing happened to my brother in January! He got the approval email in the morning, then the 401(d)(1) denial that afternoon. Turns out there was a glitch in their system that was automatically flagging certain claims. He appealed it online and won his hearing about 3 weeks later. The key things that helped him: 1) He appealed within the 15-day deadline, 2) He kept filing his weekly claims during the appeal process, and 3) He brought documentation to his hearing showing he was actively job searching. The referee at his hearing even said they'd been seeing a lot of these system error cases recently. Don't stress too much - it sounds like you're already doing everything right by appealing quickly!
That's really encouraging to hear about your brother's successful appeal! It definitely gives me hope that this will get resolved. The fact that even the referee mentioned seeing a lot of these system error cases lately shows this is clearly a widespread problem with PA UC's system. I'm glad I found this community - getting all this advice about appealing quickly, continuing weekly claims, and documenting everything has been incredibly helpful. Hopefully PA UC will fix whatever is causing these automatic flags so other people don't have to go through this stress!
Good luck! And remember - persistence is key with PA UC. If you get denied, request a hearing right away. Many waivers get approved at the hearing stage when you can actually explain your situation to a real person.
I'm in a similar situation - got hit with a $2,900 overpayment notice last week and I'm terrified. Reading through all these responses is actually giving me some hope though. @Aaron Lee your insider perspective is incredibly helpful! I had no idea about the 15-day deadline or that there were different types of waivers. @Avery Flores please keep us updated on how your application goes - I'll be watching this thread closely. Going to start gathering my financial documents today and submit the waiver ASAP. This whole system is so overwhelming when you're already struggling financially.
@Nia Wilson I totally understand how overwhelming this feels! I m'in the exact same boat and this thread has been a lifesaver. One thing that really helped me was what @Aaron Lee mentioned about submitting the form ASAP even if you don t have'all your docs ready yet - that 15-day deadline is non-negotiable. Also @Ashley Adams mentioned they automatically freeze collections while reviewing the waiver which is huge relief. We got this! Let s both stay'on top of following up to make sure they actually received our applications since it sounds like the system doesn t always update'properly.
Ellie Simpson
I went through this exact nightmare scenario two years ago and I'm still recovering financially. My employer waited until I had collected nearly $8,000 in benefits before filing their appeal - turns out they were "gathering documentation" the whole time. The hearing was brutal because I wasn't prepared at all. I had no idea I could bring witnesses or documentation to support my case. Lost the appeal and had to set up a payment plan for the overpayment that's STILL draining my bank account every month. The one thing I wish someone had told me is that you can request a postponement if you need more time to prepare - don't rush into the hearing unprepared like I did. Also, if your employer doesn't show up to the hearing (which happens more than you'd think), you basically win by default. Document EVERYTHING about why you left that job and be ready to explain it clearly. The system is definitely stacked against us but it's not impossible to win if you're prepared.
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Anita George
•Wow, $8,000 is terrifying - I'm so sorry you're still dealing with that financial burden. Your point about requesting a postponement is really valuable - I had no idea that was an option. I'm definitely going to take time to gather everything I can before my hearing date. The fact that employers sometimes don't show up gives me a tiny bit of hope. I'm writing down all these tips from everyone here - this community has been a lifesaver for understanding what I'm facing. Thank you for sharing your experience even though it was painful.
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Carmella Fromis
I went through this same situation about 6 months ago and it was incredibly stressful. My employer filed their appeal 3.5 months after I started collecting benefits, claiming they never received the initial notice (which turned out to be their "good cause" argument). Here's what helped me prepare: 1. Create a detailed timeline with exact dates - when your hours were cut, any conversations about it, when you quit, when you filed for UC 2. Gather ALL documentation - pay stubs showing before/after hours, any texts or emails about schedule changes, even notes from conversations if you have them 3. Practice explaining your situation clearly and concisely - you'll likely have limited time to present your case The good news is that a 70% hour reduction (40 to 12 hours) is considered constructive discharge in PA, which means you should qualify for benefits. The fact that you tried to make it work for 3 weeks before quitting actually strengthens your case - it shows you didn't just quit immediately. Don't let the employer's late appeal psych you out. Focus on preparing your case with the facts. You've got this! Keep us updated on how the hearing goes.
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