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Can I get PA UC benefits after being fired for missing work days?

I got fired last week from my kitchen job at a restaurant in Philly after missing 5 days over the past month. I know I messed up, but 3 of those days I was legitimately sick with the flu (had doctor notes) and 2 days my car broke down and I couldn't find a ride. My manager said I was 'unreliable' and let me go. I've been at this job for about 18 months. Do I have any chance at getting unemployment benefits in PA? I've heard if you get fired for attendance issues it's automatically denied, but what if some absences were for legitimate reasons? Has anyone been in a similar situation?

Dyllan Nantx

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Whether you qualify depends on if your employer can prove 'willful misconduct.' PA UC generally considers excessive absenteeism as willful misconduct, BUT if you had legitimate reasons and documentation (like your doctor's notes), you might have a case. When you apply, make sure to clearly explain each absence was for good cause. They'll interview both you and your employer before making a decision. The key issue will be those 2 days your car broke down - did you notify your employer in advance? Did you try to find alternative transportation?

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Destiny Bryant

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Thanks for responding! I did call my manager each time at least 2 hours before my shift when my car broke down. But they said I should've taken an Uber (which wouldve cost more than I'd make that day). Will they consider the financial aspect of that? Should I mention the bus route would've taken 2+ hours each way?

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i got fired for missing work too but i still got benefits!!! they denied me at first then i appealed and won. just be honest about everything

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Anna Xian

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Not all cases are the same though!!! My cousin got fired for missing 3 days and she got DENIED even after appeal!!! The system is RIGGED depending who reviews your case!!!

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PA UC examines each case individually. The standard they use is whether your actions constitute "willful misconduct." Here's what matters: 1. Doctor's notes for illness are extremely important - keep those safe 2. For the car breakdowns, they'll look at whether you: - Provided proper notice to your employer - Made reasonable efforts to find alternative transportation - Had a pattern of similar issues before When you file, you'll likely be initially denied because most employers contest these claims. Be prepared to appeal and attend a hearing where you can present your documentation and explain your side in detail. Make sure to meet all deadlines in the process. The fact that 3 of 5 absences were documented medical issues works in your favor. The appeal referee will weigh all this information.

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Destiny Bryant

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This is really helpful information, thank you! Do you know how long I should expect to wait for an initial decision after filing? And should I start looking for jobs right away or wait until I know about the benefits?

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Rajan Walker

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You should definitely apply no matter what!!! I had a similar thing happen in 2023 and got approved. BUT start job searching right away because 1) PA requires work search activities every week and 2) it could take FOREVER to get approved especially if there's an appeal.

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Nadia Zaldivar

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Let me share my experience - I was struggling to get through to PA UC to explain my situation which was somewhat similar to yours. I ended up using a service called Claimyr (claimyr.com) to get connected with an agent same day instead of spending weeks trying to reach someone. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 When I finally talked to an agent, they explained that having documentation for my absences made a huge difference. The agent actually helped me understand exactly what to submit for my appeal and I was eventually approved. It was definitely worth getting personalized advice for my specific situation rather than trying to figure it out alone.

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Rajan Walker

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is this legit? I'm always suspicious of services like this...

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I used them last year when my claim had issues. It works exactly like the video shows. Saved me weeks of frustration trying to get through. Definitely legitimate.

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Anna Xian

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EVERYONE LISTEN!!! The PA UC system is DESIGNED to reject your claim first!!! They ALWAYS side with employers initially!!! If you get denied DO NOT GIVE UP!!! Appeal immediately and be ready to FIGHT for your benefits!!! They denied me THREE TIMES before I finally got approved!!! The system is BROKEN!!!

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this happened to my brother too they denied him twice then he finally got it but took like 4 months

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Make sure you document EVERYTHING. I was in a somewhat similar situation last year where I missed several days for health reasons. What really helped me was having: - Doctor's notes with specific dates - Text messages showing I notified my boss in advance - A written warning I received about attendance (showed they didn't just fire me instantly) - Bus schedules showing why public transport wasn't feasible Keep in mind PA requires you to do work search activities every week while claiming, regardless of whether you think you'll win your case. Look for at least 2 jobs and keep records of where you applied.

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Destiny Bryant

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I still have all the texts to my manager about being sick and the car problems! And I still have my doctor's notes too. This gives me some hope. I'm applying to new jobs already but it would really help to have some income while searching. Thanks for the tips!

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Rajan Walker

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One time I overslept and got fired and still got unemployment lol but my boss didnt fight it so maybe thats why?? Good luck!!

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Anna Xian

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That's exactly it! If your employer doesn't contest it, you'll usually get approved automatically! But most restaurants fight EVERY CLAIM because it affects their UC tax rate!!!

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One important clarification: When you file your initial claim, you'll be asked about the reason for separation. Be honest but precise - state you were terminated due to absences, but that the absences were due to documented illness and transportation difficulties beyond your control. Then you'll face a crucial waiting period where your employer can provide their side of the story. This creates what's called an "open issue" on your claim. This doesn't automatically mean denial - it just means they need to investigate. If your claim gets denied initially (which happens in most attendance-related cases), you'll receive a Notice of Determination. You'll have 15 days from the mailing date to file an appeal. Don't miss this deadline under any circumstances. During the appeal process, continue filing your weekly claims and completing your work search activities. If you win on appeal, you'll receive all back payments you qualified for.

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Destiny Bryant

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This is extremely helpful! I'll make sure to be detailed but honest about my situation. Just to clarify - when I file weekly claims during this process, will I need to report any part-time or gig work I pick up while waiting for a decision? I might try to do some DoorDash deliveries to make ends meet.

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Yes, you absolutely must report ANY earnings during weeks you claim benefits. PA UC requires you to report gross earnings (before taxes) for work performed during the week, even if you haven't been paid yet. Failure to report earnings is considered fraud. If you do gig work like DoorDash, keep detailed records of your daily earnings. You can still receive partial benefits if you earn less than your weekly benefit rate, but the amount will be reduced.

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