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btw i forgot to mention, when i won my appeal they sent all the backpay at once to my Money Network card. it was like $8,400 for my 12 weeks! but be prepared that it might take another 2-3 weeks AFTER u win before the payments actually hit ur account. at least thats what happened to me
One more important point: make sure to thoroughly review the referee handbook before your hearing. You can find it on the PA UC website. It explains the hearing process and your rights. Since your case involves misconduct vs. position elimination, the burden of proof is on your employer to prove misconduct. If they don't appear at the hearing or don't provide sufficient evidence, that significantly strengthens your case. Also, if you win, don't be alarmed if you see "overpayment" notices in your account before the backpay arrives. This is a common system quirk that happens when they're processing large backdated payments and generally resolves itself.
Just wanted to add - if your employer is being difficult about documentation, make sure to mention this to UC when you get a chance to speak with them. Document every attempt you've made to get your records (dates, who you spoke with, what was said). The referee can take this pattern of behavior into consideration. In my experience handling these cases, employers who withhold information often do so because it would support the employee's case.
Any updates?? Did you get your decision yet?? The waiting is THE WORST part of the whole horrible process!
Good luck! My sister had twins last year and her boss was horrible about it. Make sure you apply for WIC too if you haven't already. And congrats on the baby :
One other thing to consider - you mentioned the company wouldn't "hold your position" but did they explicitly say you were terminated, or that you had to resign? If they told you that you had to resign, that's actually a constructive discharge which is treated differently than a voluntary quit. The details matter a lot here for your UC claim. Also, how large is the company, and how long had you worked there? That determines FMLA eligibility which could be relevant to your case.
They didn't say I was terminated. It was more like "we can't guarantee your exact position will be available, but you can apply for any openings we have when you're ready to return." It's a small company (about 30 employees) and I was there for 10 months, so probably not FMLA eligible I think.
That's helpful information. You're right that FMLA wouldn't apply (needs to be 12 months and 50+ employees), but that phrasing from your employer still supports your case for UC benefits. It effectively forced you to quit since they weren't guaranteeing your position. Just make sure to emphasize this when filing your claim.
For your specific situation, I recommend organizing your appeal testimony in this order: 1. Begin by stating that your separation was NOT a voluntary quit but a termination after absences that were caused by necessitous and compelling reasons (homelessness and education) 2. Clearly establish the timeline: when you were hired, when you informed them of your housing/school situation, the specific dates of absence, and when/how you were terminated 3. Explain how each absence was directly related to your housing crisis or education requirements 4. Emphasize any attempts you made to notify them of absences Most importantly: appear at your hearing on time and be prepared for the employer to possibly bring attendance records or company policies about attendance. Good luck!
Fidel Carson
THE SYSTEM IS RIGGED they make it impossible on purpose so people give up!! been through this 3 times now and its always something different
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Noah huntAce420
•I'm starting to feel the same way! It's so frustrating when you're doing everything right but still can't get paid.
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Ana Rusula
UPDATE: I finally got through this morning after calling around 20 times! The claims rep said my payments were on hold because they needed to verify my last employer's information, even though nothing showed up online about this. She released all three weeks of payments while I was on the phone, and said they should be on my card within 2-3 business days. Keep trying to call!
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Noah huntAce420
•OMG AMAZING!! Congrats! This gives me hope. I'm going to keep trying to call tomorrow morning. Did you do anything special to get through or just keep redialing?
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Ana Rusula
•Just kept redialing over and over from 8am until about 9:30 when I finally got through. So annoying but worth it!
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