Do I need a lawyer for PA UC appeal after wrongful termination? Help!
I was let go from my warehouse job last month for "failure to meet productivity standards" but that's complete BS. They changed our quotas 3 times in 2 months and didn't provide proper training on the new inventory system. I filed for unemployment and just got denied yesterday! The determination letter says I was fired for willful misconduct because I "repeatedly failed to meet reasonable employer expectations" which is NOT what happened. I have my appeal deadline in 15 days and I'm wondering if I need to hire a lawyer for this? Never been through an appeal before and don't know if I can handle it myself. Has anyone won their PA UC appeal without a lawyer? What evidence should I bring? The termination came right after I reported safety violations, but I don't know if that matters for unemployment purposes.
19 comments


Chloe Taylor
You absolutely don't need a lawyer for a UC appeal hearing, though you can bring one if you want. I've been through two appeals (won both) representing myself. The key is PREPARATION. For your situation: 1. Gather any documentation showing the changing quotas 2. Any emails/texts about the new inventory system lacking training 3. Performance reviews (especially positive ones) 4. Any witnesses who can testify about the unreasonable expectations 5. Documentation about the safety violations you reported (this could show retaliation) The referee will give both sides a chance to speak and present evidence. Stay calm, stick to facts, and focus on proving their expectations were unreasonable or that you were doing your best to comply despite inadequate training/support. The employer needs to prove willful misconduct - you just need to create reasonable doubt about their claims.
0 coins
Omar Hassan
•Thank you so much for this detailed response! I do have emails showing they changed quotas without proper notice, and I saved screenshots of the training schedule that shows we only got 1 hour on the new system. Do I need to submit all this evidence before the hearing or just bring it with me? And do I need to tell them I'm bringing witnesses?
0 coins
ShadowHunter
lawyer is a waste of $$$$ i won my appeal by myself and so did my brother. just be HONEST thats what the referee wants to see. bring anything that proves ur side but dont lie cuz they can tell
0 coins
Diego Ramirez
•I agree lawyers aren't usually necessary, but I do want to clarify that you should submit any evidence and witness information to the UC office BEFORE your hearing date. It should say on your hearing notice how many days in advance you need to do this. If you just show up with surprise evidence or witnesses, the referee might not accept them.
0 coins
Anastasia Sokolov
I got fired for something similar and lost my appeal even without a lawyer!!! The system is RIGGED against workers!! My employer straight-up lied during the hearing and the referee believed them over me. Now I'm stuck with a $4,800 overpayment notice because I already received benefits before the appeal. HIRE A LAWYER if you can afford it!!! Don't make my mistake!!!
0 coins
Sean O'Connor
•I think what happened to you is more the exception than the rule. Most referees are fair if you present your case well. The fact that your case involved benefits already paid makes it different - that's an overpayment issue, not just a typical appeal situation. For most straightforward misconduct disputes, people can represent themselves effectively with proper preparation.
0 coins
Zara Ahmed
When is your hearing? Mine is next Tuesday and I'm freaking out too. I got fired for attendance but I had doctors notes for everything. My cousin said these hearings are super formal like real court???
0 coins
Omar Hassan
•They scheduled mine for February 14th (Valentine's Day, great). From what I'm gathering, they're formal but not exactly like court. Did you receive any paperwork explaining the hearing process yet? I'm still waiting on mine.
0 coins
Diego Ramirez
PA UC appeals don't require attorneys, though you have the right to representation if you choose. The hearings are conducted by UC referees who understand not everyone has legal training. In your specific situation (changed productivity standards + inadequate training), focus on: 1. Establishing that you made good faith efforts to meet standards 2. Showing the employer failed to provide adequate training/resources 3. Documenting the frequent changes to expectations Willful misconduct requires DELIBERATE violation of employer rules or disregard for their interests. Simply not meeting changing quotas after inadequate training doesn't meet that standard. Make sure to follow the instructions on the Notice of Hearing exactly - especially about submitting evidence in advance. Wrongful termination involving safety complaints might constitute retaliation, which could be relevant, especially if you can show a clear timeline between your safety report and termination.
0 coins
Omar Hassan
•This is incredibly helpful, thank you. I'm going to start gathering my evidence tonight. Looking at my termination notice, they never even specified which standards I failed to meet - just general "productivity below expectations." Does the vagueness of their reasoning help my case at all?
0 coins
Luca Conti
You can try calling PA UC directly to ask questions about the appeal process but good luck getting through lol. I spent 3 days trying to reach someone about my appeal last year and kept getting busy signals or disconnected after waiting an hour+. Eventually used this service called Claimyr (claimyr.com) that got me through to a rep in about 20 minutes. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 The UC rep explained exactly what documentation I needed and how to present my case. Way better than going in blind. I ended up winning my appeal without a lawyer.
0 coins
Anastasia Sokolov
•Does that service actually work? I tried calling like 27 times last month and never got through. Do they just keep autodialing for you or something?
0 coins
Luca Conti
•Yeah it worked for me - they use some system that holds your place in line while you wait. Way better than redialing yourself all day. The rep I talked to gave me specific advice for my case that really helped.
0 coins
Sean O'Connor
I'm a former HR manager (not a lawyer). Here's my take: PA unemployment appeals for misconduct cases hinge on whether the employer can prove you INTENTIONALLY disregarded their policies. For performance-based terminations like yours, employers often struggle to prove willful misconduct if they can't show you deliberately underperformed. Key points for your appeal: 1. Performance issues generally don't qualify as willful misconduct unless they show you deliberately performed poorly 2. Changing standards multiple times works in your favor - shows inconsistent expectations 3. Lack of proper training undermines their misconduct claim 4. If you can show you were trying your best despite challenges, that contradicts "willful" misconduct During the hearing, let the employer present first. They have the burden of proof. Then calmly explain how you attempted to meet standards despite inadequate training and constantly changing expectations. Your safety complaint timing could suggest retaliation - mention this but focus primarily on the performance issues. Most people represent themselves successfully. Be organized, professional, and stick to relevant facts.
0 coins
ShadowHunter
•this is good advice!!! my friend won his case exactly this way - employer couldn't prove he was TRYING to break rules just that he made mistakes
0 coins
Zara Ahmed
wait are these hearings in person or on phone now? i got something saying mine might be on zoom but im not sure cuz the letter was confusing
0 coins
Chloe Taylor
•Since COVID, most PA UC appeal hearings are conducted by phone or video conference (usually Teams or Zoom). Your hearing notice should specify which method will be used for your particular case. If you're not tech-savvy, you can request a phone hearing instead of video, but you need to do that well in advance by contacting the UC Appeals office.
0 coins
Omar Hassan
Update: I just reviewed my determination letter more carefully, and it specifically says I was denied because I "demonstrated careless disregard for employer standards through repeated failures despite warnings." But here's the thing - I only received ONE written warning about productivity, and that was right after they changed the system! Does this help my case? It seems like they're claiming there were multiple warnings when there wasn't.
0 coins
Diego Ramirez
•This is EXACTLY the kind of discrepancy you want to highlight in your appeal! If the determination states "repeated warnings" but you only received one, that's a factual error you can directly challenge. Bring documentation showing the single warning and its timing relative to the system change. This type of concrete contradiction in the employer's claims can be very effective in appeals. Make sure to state this clearly and calmly during the hearing.
0 coins