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

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.

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.

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.

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.

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.

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.

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.

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.

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

I work for a PA legal aid organization and see these cases frequently. A few additional tips for your hearing: 1. Prepare a clear, chronological timeline of events leading to your termination 2. If possible, get written statements from coworkers who witnessed the verbal firing or knew about your employment status 3. Bring any employee handbook or company policies about termination procedures - if they violated their own policies by not providing written notice, that helps your case 4. Don't be afraid to ask the employer during the hearing for documentation of your alleged resignation - put them on the spot to produce evidence they likely don't have Also, even if you lose the initial appeal, you can appeal to the PA Commonwealth Court within 30 days. Don't give up if the first hearing doesn't go your way. Good luck with your May 25th hearing!

I went through something very similar about 8 months ago - employer claimed I abandoned my job when I was actually laid off due to "restructuring." The whole process was incredibly stressful but I wanted to share what worked for me since you're dealing with the same nightmare. First, you absolutely did the right thing filing that appeal! During my hearing, the referee was really thorough about questioning both sides. My former employer couldn't produce any documentation showing I had quit or abandoned my position, while I had text messages with my family from the day it happened where I was clearly upset about being let go. One thing that really helped my case was that I brought a witness - a former coworker who was willing to testify that management had told everyone I was laid off, not that I quit. If you can get that coworker who you texted to write a brief statement or even testify at your hearing, that could be huge for your case. Also, prepare for your employer to possibly not even show up to the hearing. In my case, they sent some random HR person who wasn't even present when I was terminated and couldn't answer basic questions about what happened. The referee was not impressed with that at all. Stay strong - the system is designed to weed out fraudulent claims, but it also protects workers from dishonest employers. You've got this!

I'm so sorry you're dealing with this - it's unfortunately way too common for employers to lie about separation reasons to avoid paying into the UC system. The good news is that you've already filed your appeal, which was the most important step! Since you mentioned having text messages with a coworker about being shocked by the firing, those screenshots could be really valuable evidence. Make sure to save them and bring copies to your hearing. The timestamps will show this was your immediate reaction, not something you made up later. A few things that might help strengthen your case: - Check if you have any emails or texts from your employer after the termination (sometimes they slip up and refer to it as a firing/layoff) - Look at your final paycheck stub - does it show vacation/PTO payout? This sometimes indicates termination rather than quitting - Document exactly what your supervisor said when they fired you, word for word if you can remember The fact that they gave you no written notice or resignation paperwork actually works in your favor. Most people who quit have some documentation trail. Stay calm during the hearing and stick to the facts - referees deal with these disputes constantly and can usually tell who's being truthful. You've got a strong case here!

One thing I haven't seen mentioned yet is to document any attempts your employer made to contact you after the alleged "quit date." If they truly believed you quit, they probably wouldn't be reaching out about returning company property, asking about work handoffs, or sending final paperwork. Also, check your unemployment account online regularly - sometimes employers will submit additional documentation to try to support their claim after the initial determination. You'll want to see what they're saying and be prepared to counter it during your hearing. Another tip: if you had any scheduled shifts or meetings after the day you were terminated, that can help prove you were expecting to continue working and didn't quit. Bring any calendar screenshots or work schedules that show you were planning to be there. The May 25th hearing date gives you plenty of time to gather evidence. Use that time wisely and organize everything in a clear timeline. You're going to do great!

I'm really sorry you're going through this stressful situation, but it sounds like you're building a solid case for your appeal! Based on everything you've shared, you have several strong pieces of evidence: 1. The email from your supervisor mentioning "your position has been eliminated" - this is HUGE because it directly contradicts their claim that you quit 2. Your unused vacation payout on the final paycheck - employers typically don't pay this out for voluntary quits 3. Text messages showing your immediate shock about being fired 4. The follow-up emails about returning company property Make sure to organize all of this chronologically and bring multiple copies to your hearing. The fact that your employer has no resignation letter, notice, or any documentation of you quitting while you have multiple pieces of evidence showing you were terminated gives you a really strong position. One more suggestion: when you're at the hearing, if the employer claims you quit, ask them directly "Can you please show the referee my resignation letter or any written notice I gave?" Put the burden on them to produce evidence they don't have. Stay calm and factual, and let your evidence speak for itself. You've got this - employers who lie about separation reasons often get caught because they can't back up their claims with documentation. Good luck on May 25th!