Can we win PA UC appeal for termination after dental emergency even with prior attendance warning?
My husband was fired in September for attendance issues, but I think the termination was unfair and wondering if we should appeal the PA UC disqualification. He worked at this company since Nov 2023, passing his probation in Feb 2024 right before our baby was born. His attendance issues were mostly related to our newborn's specialist appointments (always provided doctor's notes) and one dental emergency. Here's the timeline: - He took 2 days off when baby was born in February - Between Feb-June, maybe 2-3 times he left early/took off for baby's specialist appointments (always with doctor's documentation) - He always made up missed hours within the same pay period - He got written up for using all his PTO (which was used for our child's birth) - HR told him he couldn't use any accrued time until June, which he respected - In September, he had a severe toothache and his manager (who works in HR) approved him leaving early - He brought documentation for the dental emergency - The following week while his manager was on vacation, another HR person (who had tried to write him up before over a misunderstanding) terminated him for attendance PA Unemployment denied his claim saying he was warned about attendance and his toothache wasn't a good enough reason for his final absence. The thing is, his direct manager APPROVED the dental absence! Is appealing worth our time? Anyone dealt with similar situations?
21 comments


NebulaNinja
YES appeal it!!! The system is rigged to deny first claims and hoping people just give up. I went through this nightmare last year with an almost identical situation. My supervisor approved all my absences but HR fired me anyway. I won my appeal and got all my backpay. The key thing here is DOCUMENTATION - your husband got approval from his manager for the dental emergency, right? Make sure you have that email or text. Also bring the doctor notes from all the baby appointments. They can't just fire someone for taking necessary medical time, especially when it was approved!
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Giovanni Mancini
•Thanks for the encouragement! The approval was verbal unfortunately. But we do have all the doctor's notes and the dental emergency documentation. Do you think that's enough?
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Fatima Al-Suwaidi
Based on what you've described, you have good grounds for appeal. The fact that your husband's manager approved the dental absence is crucial information that should be presented during the appeal hearing. Pennsylvania recognizes that medical emergencies can be good cause for missing work. For the appeal, prepare to show: 1. Documentation of the dental emergency 2. Evidence that his manager approved the absence (any witnesses?) 3. Doctor's notes for baby's appointments 4. Evidence that he made up missed hours 5. Any company policies about attendance The referee will be looking at whether your husband had "good cause" for the final absence and whether he made reasonable efforts to preserve his employment. A dental emergency that was approved by management generally meets that standard. File the appeal within 15 calendar days of receiving the determination letter.
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Giovanni Mancini
•Thank you for breaking it down like this! We definitely have the dental documentation and all the doctor's notes. His coworkers knew the manager approved it, but I'm not sure if any would be willing to testify. Would the appeal require us to appear in person or could it be done over phone?
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Dylan Mitchell
i had something like this happen and lost my case. just sayin not everyone wins these things. the problem is they will say he knew about the attendance policy and broke it anyway. thats what happened to me. they didnt care that my kid was sick.
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Giovanni Mancini
•I'm sorry that happened to you. That's my worry too - that they'll just side with the employer no matter what we say. Did you have documentation for your absences?
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Sofia Morales
I've been through the PA UC appeals process twice, and what I can tell you is that GETTING THROUGH to someone at unemployment who actually knows what they're talking about is almost impossible. I spent WEEKS calling the unemployment office trying to explain my situation only to get disconnected or wait on hold for hours!!! I finally tried this service called Claimyr (claimyr.com) which got me connected to an actual PA UC rep in like 20 minutes instead of calling for days. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 I would definitely appeal but also try to speak with someone first to understand exactly what documentation you need for your specific situation. Sometimes they can even fix things without a formal hearing if you can just TALK to the right person.
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Dmitry Popov
•Is that service legit? Sounds too good to be true honestly. I've been calling for days with no luck getting through.
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Sofia Morales
•Yeah it's legit. I was skeptical too but I was desperate after trying for almost 2 weeks straight. It worked exactly like their video shows. Saved my sanity for sure.
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Ava Garcia
IMO your gonna want to focus on the fact that the dental emergency was approved by a manager. Thats ur strongest pont. UC appeals look at if the final incident that led to firing was for willful misconduct. If manager approved it then it wasnt misconduct, simple as that. Get that manager to write something saying they approved it if possible.
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Giovanni Mancini
•Getting something from the manager is a good idea - I didn't even think of that. I'll see if my husband can reach out to them directly. Thanks!
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StarSailor}
Based on the information you've provided, I believe you have a strong case for appeal. Pennsylvania UC law specifically states that absence due to illness with proper notice to the employer typically doesn't constitute willful misconduct. The fact that your husband had managerial approval for the dental emergency absence is particularly important. During the appeal hearing, you'll want to focus on these key points: 1. The final absence that led to termination was for a legitimate medical reason (dental emergency) 2. He received explicit approval from his manager for this absence 3. He provided medical documentation for the absence 4. His previous absences were also documented and related to legitimate family/medical needs The burden is on the employer to prove willful misconduct. If your husband followed company procedure by getting approval for his absence, it would be difficult for them to establish misconduct. Make sure to file your appeal within 15 days of receiving the determination letter. The appeal form should have been included with your denial notice.
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Giovanni Mancini
•This is extremely helpful! I didn't realize the burden of proof was on the employer - that makes me feel better about our chances. We're definitely going to appeal within the timeframe. Is it worth getting a lawyer for this or do most people represent themselves?
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StarSailor}
•Most people represent themselves in UC appeals. The process is designed to be accessible without an attorney. The referee will guide you through the hearing, and you'll have the opportunity to present evidence and testimony. If your case is particularly complex or if there's a lot of money at stake (several months of benefits), you might consider a free consultation with a legal aid organization, but it's not necessary for most standard appeals.
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Dmitry Popov
dont listen to the people saying you'll definitely win. nobody can promise that. i've seen people lose with doctor notes because the employer had a strict policy. but i still think you should appeal because whats the worst that could happen? they say no again? at least try.
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Giovanni Mancini
•You're right - nothing is guaranteed. But we'll definitely give it a shot. At this point we have nothing to lose by trying.
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NebulaNinja
Has your husband been filing his weekly claims even while waiting for this to get sorted out? DONT FORGET TO KEEP FILING WEEKLY EVEN WHILE APPEALING!!!! I made that mistake and lost out on like 6 weeks of payments that I could never get back!!
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Giovanni Mancini
•Oh wow, I don't think he has been! I thought since he was denied we had to wait until after the appeal. We'll start doing that immediately - thank you so much for mentioning this!
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Ava Garcia
just want to add... if u win the appeal youll get all back payments from when he first applied so dont stress about the money part yet. focus on geting all your docs together for the hearing.
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Giovanni Mancini
Thank you all for the advice! We're definitely going to appeal and will start gathering all the documentation mentioned. I'll try to get something in writing from his manager about approving the dental absence, keep filing weekly claims, and prepare all medical documentation. Really appreciate everyone's help!
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Fatima Al-Suwaidi
•Good luck! Please come back and let us know how it goes - your experience could help others in similar situations.
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