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Yes, absolutely mention both of those points! Inconsistent enforcement of rules and lack of progressive discipline are both factors that can help your case. PA unemployment referees often consider these elements when determining if there was actual misconduct. Document the names of coworkers with similar or worse attendance who weren't fired if you can. The more specific details you can provide, the stronger your case will be. Best of luck with your hearing!
Update: I WON MY APPEAL!!! The referee agreed that 3 tardies when policy allowed 5 wasn't willful misconduct, especially since two were due to documented bus delays. They're releasing all my back benefits now. Thanks everyone for your help and encouragement! This group was a lifesaver!
Congratulations Cole! That's amazing news and such a relief! Your victory gives hope to others facing similar situations. It really shows how important it is to gather documentation and present the facts clearly. Thanks for updating us - stories like yours help other community members know that these appeals can be won when you're prepared. Enjoy those back benefits and best of luck with your job search!
Congratulations Cole! This is such fantastic news and really inspiring for anyone else going through the appeals process. Your case is a perfect example of why documentation and preparation matter so much - having those text messages about bus delays and knowing the exact company policy made all the difference. It's also great validation that the system can work when you present the facts clearly. Enjoy getting those back benefits and I hope your job search goes smoothly from here!
This is such wonderful news Cole! Your story really shows that the appeals process can work when you come prepared with the right documentation. The fact that you documented those bus delays and knew the exact attendance policy numbers made all the difference. I'm dealing with a similar situation right now and your success gives me hope that being thorough with evidence really does matter. Congratulations on getting your benefits and thanks for sharing your victory with the community!
I've been a hearing referee in PA for several years and want to reassure you that we are trained to identify inconsistencies between written documentation and verbal testimony. When an employer's hearing testimony contradicts their own contemporaneous records, it raises immediate red flags. The disciplinary write-up you have will be given significant weight because it was created at the time of the incident, not months later when preparing for a hearing. My advice: 1) Submit all evidence through the portal at least 48 hours before your hearing, 2) During testimony, remain factual and unemotional, 3) When referencing your evidence, be specific: "As documented in the disciplinary notice dated [X], the only language mentioned is [Y]", 4) Let the inconsistencies speak for themselves - don't accuse anyone of dishonesty. The burden is on the employer to prove willful misconduct, and contradicting their own documentation makes that very difficult. You're in a much stronger position than you realize.
Wow, thank you so much for taking the time to share your perspective as an actual PA hearing referee! This gives me incredible confidence going into my hearing next week. I've already submitted my evidence through the portal and I'm going to practice staying calm and factual during my testimony. It's such a relief to know that referees are specifically trained to spot these kinds of inconsistencies. I'll definitely use your suggested language about referencing the disciplinary notice and let the contradictions speak for themselves. Thank you for reassuring me that I'm in a stronger position than I thought - I was honestly terrified before reading your response!
I just wanted to add one more thing that might help ease your nerves - I went through a PA UC hearing 6 months ago where my employer claimed I was "verbally abusive and used profanity" but their own incident report only said I was "argumentative." The referee literally said during the hearing "I'm noting a significant discrepancy between the written documentation from the date of incident and today's testimony." I won my case immediately. The fact that you have that write-up is honestly like having a smoking gun in your favor. PA referees see employers try to embellish stories ALL the time, especially when they realize their original documentation might not be strong enough for willful misconduct. Just remember - they fired you based on what's in that write-up, not based on things they're claiming now. If the additional allegations were true and serious, why weren't they documented? That's the question that will be running through the referee's mind. You've got this!
Thank you so much for sharing your experience! That quote from the referee about noting the discrepancy is exactly what I was hoping to hear. You're absolutely right - if these alleged vulgar words were serious enough to fire me over, why would they only document "ignorant" in the write-up? That's such a logical point that I hadn't fully considered before. Your story gives me so much confidence that I can actually win this thing. I've been losing sleep over this hearing but reading everyone's responses here has really helped calm my nerves. I'm going to go in there prepared and let the evidence speak for itself!
. We recently changed to an app to keep our time. When working offside you just use the punch in button and your location on ur phone proving you are there allows you to clock in. My app didn't have that and the mobile app was a mess so I was encouraged to do it at main hospital. I was sent a message saying do your time I am about to submit it. I looked at my schedule and just put the time I was scheduled. It was an HOUR difference but her showing my text and not giving context about how I was scared of them treating me like shit bam...fired
Should I bother appealing? I loved my job I have been there for two years and that was my end goal. To be there. I would never risk my job for 20.57 I made in that hour. When I explained during the meeting out of nowhere he asks why I talked shit about my supervisor to this coworker and why it took me 40 mins to get there when it took 15 max. I explained I was helping her. He said he had someone who watched me sit in my car for 20 minutes but first said I was shit talking. It was hostile and I barely said a word other than I panicked when driving here that Dan would treat me like shit and tell everyone I was late I just had a meeting with my bosses for not being able to call in that i was late cause a huge storm put 3 trees down in my driveway. No biggie just spoke to them and also told them I've been having a hard time in my personal life lately and I hope they know how much I care about this job and I apologize if I seem off or anything. They thanked me and said they love having me and praised me. Now this hr guy is saying my performance is bad? It was an ambush. This girl also has taken 3 or 4 other people to HR and they have the union behind them saving them I didn't. We just started keeping our own time. I am trying to win the appeal by proving that termination was an extreme measure to take for an employee who was praised just days prior. Removing me from working offsite, different shift, and probationary period. I would have done ANYTHING to keep my job. And not only that but the girl got lucky that I was sent a message saying add your time and I did it based off my schedule not even thinking. Her job is to look them over see if there are discrepancies and to ask us before submitting. She didn't do that. Also if an employer doesn't hold everyone to the same standard or doesn't follow their own policy. We were sent an email saying they haven't been giving tarsies out but it's gotten so bad they might start. So they definitely pick and choose. Anyways that's all the details. The only thing left out is that I went to the HR guy crying because this one coworker was so cruel and he said it's not my fault people don't like you and asked me to leave. I was asking his advice on what to do if he could have us sit together and figure out the problem. He also showed up to drunk under a false name when he should've been working. Not breaking any health info laws I was told this by someone randomly a few days ago. OK anyways thanks guys. Am I wasting my time or not? I became a single mom to my two kids a week prior to losing my job so I need this money until I find a job
Last thing. I was helping her and I didn't sit around doing nothing i might have sent a text before driving off but 20 mins? No. This just needs a lot of context to explain they didn't provide me what I needed they could have used a different form of punishment termination was way too far and they are using a private convo to call me out to get me to say something wrong to fire me. I wasn't a trouble maker I am good at my job and I worked any shift offered holidays if needed etc. Thanks for reading that novel and be honest. It looks bad trust me I know it looks awful but that reflects on how our supervisor was a douche and I was afraid of retaliation from him and I got fired so I had every right to be scared. Never should have texted her tho cause I knew she was a snake.
I'm sorry to hear about everything you've been going through - dealing with serious health issues and domestic violence while trying to navigate unemployment appeals is incredibly difficult. While I don't have direct experience with PA unemployment hearings, I wanted to offer some thoughts that might help. The fact that your employer didn't show up could actually work in your favor, as they won't be there to present their side of the case. The medical documentation you've submitted sounds comprehensive - x-rays, bloodwork, and medical records should help establish that your absences were due to legitimate health issues beyond your control. For unemployment purposes, "misconduct" typically requires willful or deliberate behavior. If you can demonstrate that your absences were directly caused by documented medical conditions, that's generally not considered misconduct. The domestic violence situation you mentioned could also be relevant, as many states recognize DV as a compelling reason for work-related issues. Have you considered reaching out to a local legal aid organization? They sometimes have attorneys who specialize in unemployment cases and could review your documentation. Also, if you haven't already, make sure you're prepared to clearly explain the connection between your medical conditions and your absences during any follow-up proceedings. Wishing you the best outcome - you've clearly put together a strong case with all that documentation.
Giovanni Conti
This thread has been absolutely life-saving! I'm currently on PA UC and was facing almost the exact same situation - need about $15k for a combination of car repairs and some medical bills that can't wait. I was initially terrified that any 401k withdrawal would mess up my benefits, but reading through everyone's real experiences has given me such clarity. The consensus here is pretty clear - the 401k loan route is the way to go if your plan allows it. The tax savings alone are huge (avoiding that brutal 10% penalty plus income taxes), but what really convinced me was hearing from people like @Max Reyes and @Luca Bianchi who actually went through the process successfully while on UC. I'm calling my 401k administrator (T. Rowe Price) tomorrow morning to ask about their financial hardship loan options. Based on all the advice here, I'm going to ask specifically about: - Unemployment hardship provisions and interest rates - Grace period options for the first payment - Manual payment setup process - Timeline from application to funds @Ava Kim your proactive documentation approach is genius - I'm definitely planning to send a message through the UC portal explaining the situation even before I apply for the loan. Better to be completely transparent upfront than deal with investigations later. This community is incredible - the collective wisdom here probably just saved me thousands in penalties and weeks of UC headaches. Thank you to everyone who shared their real experiences instead of just speculation!
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StardustSeeker
•@Giovanni Conti, T. Rowe Price is a solid provider so you should have good options! One thing I'd add to your list of questions - ask about their loan repayment flexibility if your employment situation changes (like if you find work before the loan is paid off). Some providers automatically switch you back to payroll deduction while others let you continue manual payments. Also, definitely ask about any fees associated with manual payment setup - some charge a small processing fee but it's usually worth it for the flexibility. Your proactive approach with UC documentation is smart - I wish I had thought to do that when I was going through this process. The fact that you're being so thorough upfront will probably save you a lot of headaches down the road. Good luck with the call tomorrow!
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Zoey Bianchi
This entire thread has been absolutely incredible to read through! I'm currently on PA UC and was actually researching this exact same question just yesterday. My water heater just died and I need about $4,500 for a replacement - not huge compared to some of the amounts mentioned here, but still a significant chunk when you're on unemployment benefits. Reading through everyone's real-world experiences has completely changed my approach. I was initially thinking I'd just bite the bullet and take a withdrawal since it seemed like the simpler option, but wow - the tax implications are way worse than I realized. Even on my smaller amount, I'd be looking at losing around $1,300-1,500 to penalties and taxes. That's money I absolutely cannot afford to lose right now. The 401k loan route seems like a no-brainer after hearing from so many people who've successfully navigated this while on UC. @Max Reyes your breakdown of the timeline and process was super helpful, and @Ava Kim's proactive documentation strategy is brilliant. I'm definitely planning to reach out to PA UC through their portal before even applying for the loan. I have my 401k through USAA, so I'm hoping they have similar hardship provisions to the other providers mentioned here. Planning to call them first thing Monday to ask about unemployment hardship loans and payment flexibility options. Thanks to everyone for sharing such detailed, practical advice - this thread has probably saved me from making a very expensive mistake! It's amazing how much valuable real-world knowledge gets shared in communities like this.
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Lauren Zeb
•@Zoey Bianchi, even though your amount is smaller, you're absolutely right that the tax hit would still be brutal! Losing $1,300-1,500 out of $4,500 is a huge percentage when you're already dealing with reduced income from UC. USAA is generally pretty good with member services, so hopefully they'll have solid hardship loan options for your situation. A water heater definitely qualifies as an essential home repair that can't wait - that should check all the boxes for their financial hardship criteria. The proactive UC documentation approach that @Ava Kim suggested is such a smart move, especially since it sounds like several people avoided any benefit complications by being transparent upfront. Your smaller loan amount might also mean faster processing and approval compared to some of the larger amounts others have mentioned. Good luck with USAA on Monday - this thread really has become an amazing resource for anyone dealing with these situations while on unemployment!
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