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Keisha Taylor

Can I file for PA UC after being fired for 'attitude' at 54? Age discrimination question

Just got fired from my retail job and need advice about filing for unemployment in PA. My manager claimed that the 'two oldest cashiers' (including me) had 'an attitude like they don't care.' I'm 54 with back problems that make me lean on the counter sometimes, and knee issues that prevent me from kneeling to stock shelves. When I used a stool to avoid kneeling, I was told it was a 'tripping hazard' and couldn't be up front. Then I got written up for 'insubordination' because I supposedly didn't respond until the third time someone called me (I honestly didn't hear them). The whole thing feels like age discrimination since they specifically singled out the 'older' employees. Can I still qualify for unemployment benefits after being fired? Does this sound like discrimination? I'm worried they'll fight my claim by saying I was fired for cause.

Paolo Longo

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Yes, you should absolutely file for PA unemployment right away! From what you've described, this sounds like a potential case of age discrimination. When you file your initial claim, make sure to clearly explain that you believe you were terminated due to age-related factors rather than legitimate performance issues. In Pennsylvania, you can still qualify for benefits even if you were fired, as long as it wasn't for 'willful misconduct.' What you're describing (needing accommodation for physical limitations and being accused of 'attitude' problems) likely doesn't meet the standard for willful misconduct. Your employer will need to prove you deliberately violated workplace rules or standards. Document everything - dates, specific comments about 'older cashiers,' the denied accommodation with the stool, and any witnesses. This will help both with your UC claim and if you decide to pursue an age discrimination complaint.

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Amina Bah

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But what about the insubordination part?? I got written up for that specifically and I'm terrified they'll use that against me!!! Do you think that disqualifies me? My boss made it seem like not responding when called was this huge offense but I swear I didn't hear them the first times.

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Oliver Becker

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I went through something similar at 58 when I worked at a grocery store. They started criticizing everything I did even though I'd been a reliable employee for years. Then they cut my hours and eventually pushed me out by writing me up for minor things younger employees got away with all the time. When I filed for unemployment, they contested it claiming I was fired for 'performance issues' but I won my case because they couldn't prove willful misconduct. Just be prepared - PA UC will investigate your case and probably interview both you and your former employer. Be honest about your physical limitations and how you tried to accommodate them yourself with the stool. Also, you might want to contact the PA Human Relations Commission about the age discrimination issue. The comments about 'older cashiers' and refusing reasonable accommodation for physical limitations are red flags.

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Keisha Taylor

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Thank you for sharing your experience. That's encouraging to hear you won your case despite them contesting it. Did you have to attend a hearing? How long did the whole process take before you started receiving benefits? I'm concerned about making rent next month.

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CosmicCowboy

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ur employer sounds terrible lol they cant just fire ppl for being older thats illegal af. my mom went thru similar bs and she got her benefits no problem. just make sure u file asap and tell them exactly what happened. the "attitude" thing is so subjective they cant prove that

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While the previous comment isn't entirely wrong, I should clarify that winning UC benefits and proving age discrimination are two different things. For UC, you need to show you weren't fired for willful misconduct. For age discrimination, you'd need to file a separate complaint with the EEOC or PA Human Relations Commission within 180 days of the incident. Both can be successful, but they're separate processes.

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Javier Cruz

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OK SO I WORK IN HR AND HERE'S WHAT YOU NEED TO KNOW!!! Your former employer will 100% contest your claim. They ALWAYS do because their UC tax rate goes up when former employees collect. When you file, you'll get a PIN number. DON'T LOSE IT!!! You'll need it to file biweekly claims. The UC office will investigate and your employer will probably say you were insubordinate or had performance issues. That's when you explain the age comments and denial of reasonable accommodation. Document EVERYTHING. Dates, times, who said what. This is KEY!!!!!

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Keisha Taylor

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Thanks for the insider perspective. Should I wait until I have all my documentation together before filing, or file immediately and then gather everything while they investigate?

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Javier Cruz

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FILE IMMEDIATELY!!!! Don't wait even one day! You can gather docs while they investigate. There's a waiting week anyway before benefits start. The system is DESIGNED to be frustrating so people give up. DON'T GIVE UP!!!

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Emma Thompson

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If you can prove the age discrimination thing, that's one approach, but honestly, the PA UC system is so backed up right now you might want to focus on just getting your benefits first. I filed in January and didn't see a penny until March because my employer contested my claim. The most frustrating part was trying to reach someone at UC to explain my side. I called literally 50+ times and kept getting busy signals or disconnected.

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Paolo Longo

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This is unfortunately very common with PA UC. If you're having trouble reaching someone at unemployment, I'd recommend trying Claimyr. It's a service that helps connect you with an actual UC representative instead of facing busy signals all day. I used it when my claim had issues and got through in about 20 minutes instead of days of calling. Their site (claimyr.com) has a video demo showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. They basically hold your place in line so you don't have to keep redialing.

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To directly answer your questions: 1. Yes, you should absolutely file for PA UC. Being fired doesn't automatically disqualify you - it depends on the reason. 'Attitude' is subjective and difficult for employers to prove as willful misconduct. 2. The comments about 'older cashiers' combined with denying reasonable accommodation (the stool) could potentially constitute age discrimination under the Age Discrimination in Employment Act, which protects workers 40 and older. 3. For your UC claim, emphasize that you were performing your job duties to the best of your ability while managing physical limitations. The insubordination write-up for not hearing someone call you isn't likely to be considered willful misconduct unless they can prove you deliberately ignored them. 4. File your initial claim immediately, then biweekly claims afterward. Be prepared to explain your side if there's an investigation. 5. Remember that UC determinations are separate from discrimination claims. You can pursue both simultaneously.

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Keisha Taylor

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This is incredibly helpful - thank you for breaking it down so clearly. I'll file my UC claim today. Do I need to mention the potential discrimination in my initial claim or save that for if/when they investigate?

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CosmicCowboy

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hey just wondering if ur store had cameras?? cuz if they do that wuld show u actually didnt hear them calling u. might help ur case

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Keisha Taylor

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That's a great point! Yes, there are cameras throughout the store. I hadn't thought about requesting that footage, but it would definitely show I was busy with customers and simply didn't hear them calling.

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Amina Bah

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I'm going through the EXACT same thing right now!!! I'm 52 and got fired last week for "performance issues" after 6 years with no problems! They started nitpicking everything after I asked for a different chair because of my back problems. Now I'm so stressed waiting to see if my UC claim will be approved or denied! How are you holding up? Have you filed yet? This is all so unfair!!!

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Oliver Becker

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I'm not the original poster, but I want to encourage both of you to hang in there. The UC process can be stressful, but don't let that discourage you from pursuing your benefits. Document everything, file your biweekly claims consistently even if the initial determination is pending, and be persistent about contacting UC if you have questions. Most importantly, keep applying for jobs that meet the work search requirements (at least two job applications per week). You don't want to risk your benefits by missing those requirements.

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Emma Thompson

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One thing nobody mentioned yet - when you file your claim online, save or print EVERY screen. The PA UC website is notorious for glitches where your information disappears. Also, after you file, you'll need to register with PA CareerLink and do your weekly work search activities (apply to at least 2 jobs each week). They're really strict about that part.

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Keisha Taylor

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Thanks for mentioning this. I've heard the website can be problematic. I'll make sure to save everything and get registered with CareerLink right away.

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Andre Moreau

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I want to add something important that might help your case - make sure you keep detailed records of any medical documentation related to your back and knee problems. If you have doctor's notes, physical therapy records, or any written communication with your employer about needing accommodations, gather all of that together. The fact that you were trying to work around your physical limitations with reasonable solutions (like the stool) shows you were making good faith efforts to do your job effectively. Also, when you describe the situation to UC, focus on the facts: you have documented physical limitations, you attempted reasonable self-accommodation, your employer denied this accommodation citing safety concerns, and then you were terminated shortly after with vague complaints about "attitude" that specifically targeted older employees. This creates a clear timeline that supports your case. One more thing - if you have any coworkers who witnessed the comments about "older cashiers" or saw you trying to accommodate your physical needs, ask if they'd be willing to provide statements. Witness testimony can be very valuable in both UC determinations and potential discrimination cases.

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