Can I get PA UC benefits if I was arrested? Job loss after 3-day jail stay
So I got arrested for a stupid misunderstanding at a bar (public intoxication, but charges likely dropped). I spent 3 days in county lockup and when I got out my boss said I was fired for no-call/no-show. I worked at the warehouse for 14 months with no issues before this. Can I still qualify for PA unemployment since I didn't technically quit? My friend says I'm disqualified because it's my fault I missed work, but I literally COULDN'T call in. I had enough base year wages and everything else seems ok for qualifying... just worried about the reason for separation. Has anyone dealt with something similar?
19 comments
Victoria Stark
Hate to tell you this but your friend is probably right. PA UC considers getting fired for missing work due to incarceration as willful misconduct, which typically disqualifies you. But every case is different and you should still apply anyway.
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Hassan Khoury
•Thanks for being straight with me. I'll probably still apply since I need the income while job searching. Worst they can do is say no right?
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Benjamin Kim
This situation is more complex than a simple yes/no answer. When you apply for benefits, PA UC will contact your employer for their side of the story. The key question will be whether your actions leading to the arrest constitute 'willful misconduct' under PA unemployment law. Generally, being unavailable for work due to incarceration is considered within your control and may disqualify you. However, if the charges are dropped and you can prove the arrest was truly a misunderstanding, you might have a case in appeal. You should: 1. Apply for benefits regardless 2. Be honest about the circumstances 3. Provide documentation showing charges were dropped 4. Be prepared to appeal if denied Each case is evaluated on its individual merits.
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Hassan Khoury
•This is really helpful, thank you. My hearing is next week and I'm pretty sure they'll drop everything. Should I wait until after the hearing to apply for UC? Or apply now and then submit the court documents later?
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Samantha Howard
my cousin got arrested for somthing similar and he DID get benefits but only after he appeald the first decision. took like 2 months total i think
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Benjamin Kim
•That's a great point about appeals. Many initial denials can be overturned during the appeal process, especially when there are mitigating circumstances. Documentation is crucial.
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Megan D'Acosta
Former HR manager here. The specific employer policy matters a lot. Some companies have explicit policies that termination due to incarceration is automatic misconduct, while others might classify a brief absence differently. Did your company have an employee handbook outlining their attendance policy? Also, does your company know WHY you didn't call in, or did they just process it as a regular no-call/no-show?
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Hassan Khoury
•They definitely know why - my mom called them on day 2 to explain. The handbook says 2 consecutive no-call/no-shows is grounds for termination, but doesn't specifically mention jail/arrest situations. When I talked to my supervisor after getting out, he said 'their hands were tied' because of company policy.
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Sarah Ali
I spent 3 years working at PA UC as a claims examiner. Here's the reality: initially, you'll likely be denied because termination for attendance issues related to incarceration typically falls under willful misconduct. HOWEVER, you absolutely should apply and then appeal if denied. During the appeal, focus on these points: 1. The temporary nature of the detention 2. The fact the charges are being dropped 3. Your previous good standing with the company 4. That you attempted to notify them through your mother Approximately 40% of willful misconduct denials are overturned on appeal when mitigating circumstances exist. The key is documenting everything and clearly explaining why your situation deserves consideration.
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Hassan Khoury
•This is EXACTLY the kind of info I was hoping for. Thank you! I'll definitely appeal if denied and make sure to emphasize all those points.
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Ryan Vasquez
the system is such BS!! my brother was in same situation. denied because "willful misconduct" but he DIDNT DO ANYTHING WRONG!! was falsely arrested and charges dropped later but still punished by losing his job AND no benefits. PA UC IS RIGGED!!!!!
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Sarah Ali
•While I understand your frustration, each case is evaluated individually. False arrest with charges dropped can sometimes be successful on appeal, especially with proper documentation. The initial determination often follows strict guidelines, but appeals allow for more consideration of circumstances.
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Avery Saint
Have you been trying to call the PA UC office to ask about your specific situation? I was in a similar situation (medical emergency, not arrest) and needed to speak directly with a claims examiner. I tried for WEEKS with nothing but busy signals and disconnections. Finally I found Claimyr (claimyr.com) - they got me through to a PA UC agent within about 20 minutes. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 The agent I spoke with was able to give me specific advice for my situation that I couldn't find anywhere online. Definitely worth talking to an actual examiner before you file so you can present your case in the best way possible.
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Hassan Khoury
•I've tried calling a few times but just get the automated system. I'll check out that site - talking to an actual person would be super helpful right now. Thanks for the tip!
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Victoria Stark
just wondering what kind of work do u do? some industries r more forgiving than others bout this stuff. my buddy works construction and his boss has hired guys with records no problem
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Hassan Khoury
•I was working warehouse/shipping for an online retailer. Already applying to similar jobs but also construction too - good to know they might be more understanding about my situation.
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Benjamin Kim
After reading through the thread, here's what I'd recommend: 1. File your UC claim ASAP (don't wait for court) 2. In the separation information, be factual but brief - "Terminated for absence due to temporary detention; charges to be dismissed" 3. Gather documentation: court paperwork showing dismissal, any proof your mother called, copy of company handbook 4. Be prepared for an initial denial 5. If denied, immediately file an appeal (15-day deadline) 6. Speak to an actual UC representative about your specific situation (using the contact method suggested above if needed) Many people give up after the initial denial, but the appeal process exists for situations with nuance like yours.
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Hassan Khoury
•Thank you for laying it out so clearly. I'll file tomorrow and start gathering all that documentation. Will definitely appeal if denied - the extra income would really help while I'm job hunting.
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Samantha Howard
also apply for jobs right away dont wait for UC to come thru because even if approved itll take weeks anyway good luck man
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