Can PA UC deny benefits for being fired due to Amazon attendance policy violations?
I've been working at the Amazon fulfillment center in Hazleton for about 9 months until last week when they terminated me for attendance issues. I had 6 tardies and 3 absences over 6 months (two were for my kid being sick, one was car trouble). I know they have their point system, but I always called in and followed procedure. My question is - will PA unemployment automatically disqualify me since I was technically fired for attendance? Has anyone successfully gotten benefits after being terminated from Amazon specifically for attendance? I'm really stressed because I have rent due in 3 weeks and I'm a single parent. The HR person said something about 'willful misconduct' when they let me go, which has me worried.
20 comments
Aisha Rahman
OMG im in almost the EXACT same boat!! got fired from Amazon Carlisle last month for 'attendance issues' even tho half my tardies were because their stupid parking lot is a nightmare!!! I filed right away and got denied for 'willful misconduct' so I filed an appeal. still waiting to hear back and its been 3 weeks. They told me the appeal hearing would be over the phone. im so stressed I cant sleep
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QuantumQueen
•Ugh that's what I was afraid of. Did they tell you how long the appeal process usually takes? And did you need any documentation for the appeal? I'm trying to figure out if I should get statements from my kid's doctor for the days I missed because he was sick.
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Ethan Wilson
Generally, PA unemployment considers attendance issues as willful misconduct UNLESS you can prove the absences/tardiness were for good cause beyond your control. Since you mentioned your child was sick for some absences, you should gather medical documentation. For the car trouble incident, any repair receipts or towing service documentation would help. The key factors PA UC looks at are: 1. Whether you violated a known company policy (Amazon's attendance policy) 2. Whether you had good cause for the violations 3. Whether you followed proper call-off procedures File your claim immediately and thoroughly explain each absence/tardy with documentation when possible. If denied, definitely appeal - many Amazon cases get overturned on appeal because the burden of proof is on the employer.
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Yuki Sato
•this is good advice! my brother went thru this with Amazon too. he got denied at first but won on appeal because Amazon didnt show up to the hearing lol
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QuantumQueen
•Thank you for the detailed explanation! I'll start gathering documentation for each incident. I'm wondering if it helps that I got good performance reviews otherwise and had no write-ups except for attendance? Should I mention that in my claim?
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Carmen Flores
I worked at Amazon for 2 years and saw this ALL THE TIME. The attendance policy is brutal! Just a tip - when you file your claim, be very specific about each absence and tardy. Don't just say "kid was sick" - explain exactly what happened, what time you called, who you spoke to. The system is designed to just automatically deny you the first time. Almost EVERYONE has to appeal. It's frustrating but part of their system.
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Aisha Rahman
•So true!!! I feel like Amazon just fights EVERY claim hoping people will give up. My friend said they do it on purpose because a lot of people don't bother with the appeal after getting denied
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Andre Dubois
I had success getting benefits after being fired from Amazon in Lewisberry for attendance. Here's what worked for me: 1. I couldn't get through to anyone at PA UC for weeks - constant busy signals and disconnections when trying to explain my situation 2. I used Claimyr (claimyr.com) to get through to an actual person at unemployment. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 3. Once I got through to someone, I explained that my absences were for legitimate medical reasons (had documentation) and that I followed Amazon's call-off procedure every time 4. I still had to appeal the initial denial, but having spoken to someone who added notes to my file seemed to help my case The key was getting to actually talk to a real person who could understand my situation rather than just having my claim automatically processed.
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QuantumQueen
•Thank you for sharing your experience! I've been trying to call for 2 days and keep getting busy signals. I'll check out that link - at this point I just need to talk to a real person who can understand my situation.
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CyberSamurai
Here's the legal standard PA uses for attendance-based misconduct: If attendance issues are the reason for termination, UC will look at whether your absences/tardiness constituted "willful misconduct" under Section 402(e) of the PA UC Law. The employer has the burden of proving: 1. The existence of an attendance policy 2. That you were aware of this policy 3. That you violated this policy without good cause "Good cause" means circumstances beyond your control (illness, family emergency, transportation breakdown with evidence of attempts to find alternative transportation). Document everything. Success rates on appeal for attendance issues are actually quite high when claimants have documentation and legitimate reasons for absences.
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QuantumQueen
•This is incredibly helpful information! I definitely knew about the policy (they review it during orientation and it's in the employee handbook). I think my best argument is the "good cause" part since most of my issues were for legitimate reasons. I'm going to gather documentation for each incident.
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Zoe Alexopoulos
u should apply anyway, worst they can say is no. my cousin got fired from amazon for something similar but he got approved. i think it depends who reviews ur case tbh
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Yuki Sato
Def file!! Amazon denies everyone! I got fired from there last xmas season for attendance and got benefits after i appealed. the whole system is messed up. took like 6 weeks to get first payment tho so apply asap!!!
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QuantumQueen
•6 weeks? Ugh that's so long. Did you have any income during that waiting period? I'm trying to figure out if I should take any job I can get immediately or hold out for something in my field.
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Carmen Flores
Just an update on my situation - I had my appeal hearing last week and WON! Amazon sent some junior HR person who couldn't answer specific questions about my case. The referee focused on whether I had "good cause" for my absences and whether I followed proper call-off procedures. Since I had documentation for my medical appointments and had called the ERC each time, I was approved for benefits. Don't give up!
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Aisha Rahman
•CONGRATS!!!! This gives me hope!! My hearing is next tuesday and im so nervous. Did u have a lawyer or anything?
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Carmen Flores
•No lawyer! Just had my documentation organized and spoke clearly about each incident. The referee was actually really nice and mostly wanted to know if I followed protocol for calling off and if my reasons were legitimate. Write down dates and details before your hearing so you don't get flustered!
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Aisha Rahman
Btw i heard amazon fighting UC claims extra hard right now cause theyre laying off so many people. my friend works in HR there and said theyre contesting everything.
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Ethan Wilson
Important tip: When you file, make sure you're using PA's CURRENT weekly work search requirements. You must complete and document AT LEAST ONE work search activity per week (applying to jobs, attending job fairs, creating profiles on employment websites, etc). Many people lose benefits because they don't realize this is required EVERY WEEK, even while waiting for an appeal decision.
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QuantumQueen
•Thanks for this reminder! I've been applying to jobs already but didn't know I needed to document it for UC. Is there a specific form or way they want us to track this?
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