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Denied PA UC benefits because employer lied about separation reason - no termination notice

I'm in a really tough spot right now and don't know what to do. My employer fired me 3 weeks ago but when I applied for PA unemployment, I got denied because they claimed I quit voluntarily! They NEVER gave me any written termination notice - my supervisor just told me verbally that 'things weren't working out' and not to come back. Now the UC determination letter says I'm disqualified due to 'voluntary quit' which is completely false! I have no proof of being fired since nothing was in writing. Has anyone dealt with this kind of situation before? What kind of evidence can I use to prove I was actually fired? The appeal deadline is in 9 days and I'm panicking...

Chloe Harris

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You need to file an appeal ASAP! This happens more often than you'd think. When you file the appeal, clearly state that you were fired verbally and did NOT quit. Explain exactly what your supervisor said to you. Also, do you have any text messages or emails from after that day that might show you were surprised by being let go? Or any witnesses who knew you were fired? The burden of proof will be on your employer to show you quit, and if they can't provide documentation like a resignation letter, you have a good chance at winning the appeal.

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CosmicCadet

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Thank you for responding so quickly! I do have some texts with a coworker where I mentioned being shocked about getting fired. Would screenshots of those help? Also, should I get a statement from that coworker? I'm really nervous about the appeal hearing - will I have to face my former boss?

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Diego Mendoza

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same thing happened to me last yr. my boss told unemployment i abandoned my job when actully he told me not to come back!!! so frustrating. definatly appeal it, thats what i did. took like 6 weeks but i won my case and got backpay for all the weeks.

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CosmicCadet

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That gives me hope! Did you have any proof or was it just your word against theirs? Did you have a lawyer or anything for the appeal?

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THIS is exactly why PA employers lie about separation reasons - because they don't want their UC tax rates to go up!! Appeal this determination IMMEDIATELY and be very specific in your appeal about what exactly happened. You'll get a hearing scheduled where both you and your employer will testify. The Referee will ask questions to determine who is telling the truth. Here's what you should bring to your hearing: 1. Any communication showing you were fired (texts, emails, etc) 2. Witness statements if possible 3. Documentation showing you were a good employee (good evaluations, etc) 4. Timeline of events leading to termination DON'T MISS YOUR APPEAL DEADLINE! You only have 15 days from the determination date.

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Sean Flanagan

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OP listen to this person!! I missed my appeal deadline by ONE day and they wouldn't let me appeal, had to start whole process over with a new claim months later. Don't wait!

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Zara Shah

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I'm going through the exact same thing right now. Been trying to call UC for 2 weeks to get some guidance but can't get through. All I get is busy signals or it hangs up on me after waiting for an hour. So frustrating that employers can just lie like this and we have to jump through hoops to prove they're lying.

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NebulaNomad

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Have you tried Claimyr? It really helped me get through to PA UC when I was in a similar situation. It's a service that holds your place in line and calls you when an agent is available. The video demo explains it better than I can: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. Their website is claimyr.com - definitely worth it when you're dealing with something time-sensitive like an appeal deadline. Saved me hours of frustration trying to get through on my own.

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Luca Ferrari

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YOU NEED TO APEAL!!! file it online dont waste time trying to call nobody ever answers anyway. even if u dont have proof still apeal because employors always say people quit to avoid paying unemployment its SO COMMON! in your apeal just write exactly what happend be honest and detailed. if ur boss has no writen proof u quit then u might win. its 50/50 chance.

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CosmicCadet

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Thanks for the encouragement. I filed my appeal online this morning and got a confirmation number. The stress is killing me though - I really need these benefits to pay rent next month. Hope the hearing gets scheduled quickly.

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Chloe Harris

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One more important tip: during your hearing, stay calm and professional even if your former employer makes false statements. Referees are very good at detecting who's being truthful. If your employer claims you quit, the Referee will likely ask them for documentation proving you resigned. Without that documentation, your verbal testimony about being fired will carry significant weight. Also, if you had continuous employment up until the separation with no disciplinary issues, that supports your version of events. Most people don't suddenly quit good jobs without having another one lined up, and the Referee knows this.

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Nia Wilson

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This is good advice. My brother went through something similar and won his appeal because the employer couldn't produce any written evidence of him quitting. PA UC officials aren't stupid - they know employers try to avoid claims all the time.

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Just to clarify something important: in PA, the burden of proof in voluntary quit cases is on the CLAIMANT (you) to show they had a necessitous and compelling reason to quit. BUT since you're saying you didn't quit at all, the initial burden is on the EMPLOYER to prove you actually quit voluntarily. If they can't prove that with documentation, then your testimony about being fired will likely be accepted. Also, start documenting your work search activities right away. If you win your appeal, you'll need to show you've been looking for work for all the weeks you're claiming benefits. PA requires at least two work search activities per week.

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CosmicCadet

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Oh I didn't realize I needed to be doing work search activities already! I've applied to a few jobs but haven't been keeping track. Should I start documenting this even before my appeal is decided?

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Yes, absolutely start documenting your work search activities now! If you win your appeal, you'll need to certify that you completed the required activities for each week you're claiming. Keep a log with: - Date of activity - Type of activity (job application, interview, networking event, etc) - Employer/website name - Position applied for - Contact information If you can't provide this information when asked, you could be denied benefits even if you win your appeal about the separation issue.

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CosmicCadet

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Thank you so much for this information! I've created a spreadsheet to track everything. I had no idea I needed to be so detailed about my job search. This is all so complicated and stressful.

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Diego Mendoza

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update us after ur appeal!! hope it goes ok. the waiting is the worst part :/

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CosmicCadet

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Will do! My appeal hearing is scheduled for May 25th. Still so nervous but feeling more prepared thanks to everyone's advice here.

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