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Hazel Garcia

Denied PA UC for misconduct - appeal timeline & chances of winning?

I just got denied unemployment benefits and filed my appeal on May 4th, 2025. The status just says 'appeal pending' and I'm seriously stressing out because rent is coming due soon. Does anyone know how long these appeals typically take in PA? I'm going crazy checking my account every few hours! Also, I was fired for what my employer called 'misconduct' according to UC guidelines. Basically, I was late 4 times in a month because of legitimate childcare issues (my babysitter kept canceling), but they had a strict 3-strike policy. Has anyone successfully appealed a misconduct decision? What was your experience like? I'm worried I don't stand a chance... 😭

Laila Fury

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PA UC appeals can take anywhere from 3-8 weeks right now depending on how backlogged the system is. I filed an appeal in February and waited almost 6 weeks before getting a hearing date. Then another 2 weeks after the hearing to get the referee's decision. Regarding misconduct appeals - it really depends on the details and how your employer presents their case. 'Misconduct' under UC law means a deliberate violation of employer rules. Being late because of childcare issues might not qualify as willful misconduct if you can prove you made efforts to notify your employer and find alternatives. Make sure you have documentation of your childcare issues and any communications with your employer about the situation.

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Hazel Garcia

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6 WEEKS?? Omg I can't wait that long! I have bills due now... Do you know if there's any way to speed up the process? I did save all the texts with my babysitter canceling and screenshots of messages to my boss explaining the situation each time.

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theres no way to speed it up. system is what it is. my cousin waited 7 weeks last year for her appeal hearing

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Simon White

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i won my misconduct appeal!! i got fired for some BS about 'company policy violation' but during the hearing the supervisor couldnt point to the exact policy i broke in the handbook. the referee was super fair and actually asked good questions. bring ALL ur evidence and be super honest about everything!!!! tell them exactly what happened with ur childcare and bring those texts!!! PA UC is looking for if u DELIBERATELY broke rules not just if u had a problem following them bc of circumstances

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Hugo Kass

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I heard appeals for attendance issues are really hard to win though. My friend got fired for being late too many times and lost her appeal even with doctor's notes. It might depend on which referee you get.

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Simon White

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yea it depends on ur referee for sure. but childcare emergency is diffrent than just being late. u need to explain u had NO choice and tried to fix it. key is showing u werent just ignoring the rules but had real reasons

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Nasira Ibanez

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The entire PA UC system is designed to deny you at every turn. I was denied initially too for "misconduct" that was really just a disagreement with my manager. The appeals process is intentionally slow to make people give up. They're hoping you'll find another job and drop the appeal because they don't want to pay you. My appeal took 9 WEEKS before I even got a hearing date, and by then I was almost homeless. The whole system is BROKEN. Make sure you keep filing your weekly claims during the appeal process though - that's the one thing they don't tell you!

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Hazel Garcia

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Wait, I need to keep filing weekly claims even during the appeal?? I didn't know that! Thank you so much for mentioning it. I thought I had to wait until the appeal was decided. This is my first time on unemployment and it's so confusing.

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Khalil Urso

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after i filed my appeal last yr i waited 5 wks for hearing notice but then kept getting busy signals when i called to check status. tried for 2 days straight couldnt get thru. my friend told me about claimyr.com and it got me connected to a real person at UC in like 20 mins. they actually told me my hearing was scheduled but notice got lost in mail! you can see how it works here https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 - saved me from missing my hearing completely

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Hugo Kass

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Does this actually work? I've been trying to call about my claim for days and just get busy signals or it hangs up on me.

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Khalil Urso

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yeah it works i was skeptical 2 but they just connect u to the actual PA UC line and stay on hold for u. then they call when they get someone. better than me hitting redial for hours lol

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Myles Regis

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To answer your specific questions: 1. Current PA UC appeal timeframes are averaging 4-6 weeks from filing to hearing date. This can vary based on your service center's workload. 2. For misconduct cases, attendance issues CAN be won on appeal, but you need to demonstrate that: - You had good cause for the lateness (childcare emergency qualifies) - You properly notified your employer each time - The situation was temporary/beyond your control - You made efforts to remedy the situation Make sure you gather evidence showing you communicated with your employer about the childcare issues. The key distinction in PA UC law is between willful misconduct (deliberate rule violation) versus inability to comply due to circumstances beyond your control. Continue filing your weekly claims during the appeal process. If you win, you'll be paid retroactively for all eligible weeks.

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Hazel Garcia

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Thank you! This is so helpful. I definitely had good cause and did notify my supervisor each time with texts explaining the childcare situation. I even tried to find backup care but couldn't. Should I bring the babysitter to the hearing as a witness? Or just the text messages?

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Myles Regis

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Text messages would be sufficient as evidence. You don't need to bring your babysitter to the hearing. Make sure you have screenshots or printouts of all communication with both your babysitter and your employer about each incident. The referee will primarily want to see that you made a good faith effort to resolve the situation and properly communicated with your employer.

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i got fired for policy violation too my company said i was on my phone too much but really i was just checking on my sick mom. anyways my hearing was like 7 weeks after i appealed but then the referee never showed up! had to reschedule for another 2 weeks later. whole thing took almost 3 months before i got approved. system is a joke honestly

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Nasira Ibanez

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THIS! The same thing happened to me - my hearing got 'accidentally' rescheduled TWICE. They do this on purpose to wear people down and hope they'll give up. The PA UC appeals system is built to exhaust claimants into submission. It's disgusting how they treat people who are already struggling.

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Laila Fury

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One important thing to prepare for your misconduct appeal hearing: PA uses a two-part test for attendance-related misconduct: 1. Did you violate a known and reasonable employer policy? 2. Was the violation deliberate/willful or was it due to good cause? The burden of proof is initially on the employer to show there was a policy and you violated it. Then the burden shifts to you to show you had good cause. Childcare emergencies generally count as good cause, especially if you made efforts to find alternatives and communicated properly. Make sure you're prepared to clearly explain the circumstances of each absence, what you did to try to resolve it, and how you communicated with your employer. Bring any evidence showing you tried to find alternative childcare. This can make a big difference in how the referee views your case.

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Hazel Garcia

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This is SO helpful. I've been stressing about how to present my case. I did search for backup childcare and I have screenshots of conversations with other potential sitters who couldn't help on those days. I'll definitely organize all of this for the hearing. Do they record these hearings? I'm nervous about speaking clearly when I'm anxious.

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Simon White

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after my appeal got approved i got backpay for all the weeks i was waiting which was like $6200!!! make sure u keep filing every week during the wait even tho they'll all say 'appeal pending' or whatever. its a pain but worth it if u win

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Hugo Kass

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That's not always true though. My brother won his appeal but only got backpay for some weeks because he missed filing two weeks during the appeal period. They're super strict about the weekly claims even during appeals.

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