Fired after refusing mandatory overtime at PA job - eligible for UC with separation issue?

You should be eligible. In PA, refusing *mandatory* overtime CAN be misconduct, but employers need to have clear policies that are consistently enforced. Plus, having legitimate childcare responsibilities is usually considered good cause for refusing overtime, especially with no advance notice. When you have your interview with UC, make sure to emphasize: 1) You had legitimate childcare obligations, 2) You communicated this to your employer, 3) The overtime was not part of your regular schedule or employment agreement, and 4) You were given no advance notice to arrange alternative childcare. Document everything, including the daycare late fees you had to pay.

This exact thing almost happened to me!!! I was a cashier at a grocery store and they were ALWAYS short-staffed and expected me to stay 2-3 hours after my shift. I have 2 kids and my boss acted like that was MY problem not THERES. They scheduled me for closing shifts when I specifically said I couldn't work past 7pm. They never fired me but I quit after 3 months because I couldn't deal with it anymore. PA UC denied me because I quit but your case is different - they FIRED you which means you should qualify as long as you explain about your kids!!

After you filed, did you get an email about a fact-finding interview? That's what happens with separation issues. The UC examiner will talk to both you and your former employer to determine if you were fired for willful misconduct. In PA, refusing overtime isn't automatically misconduct - it depends on the circumstances. I went through something similar in 2023 and finally just used Claimyr (claimyr.com) to get through to someone at UC after waiting 5 weeks with no movement on my claim. They connected me within 20 minutes when I had been trying for days to get through. There's a video that shows how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 Make sure to prepare for your interview by writing down all the dates and details. Explain that you had a legitimate childcare obligation that your employer knew about and refused to accommodate.

PA UC examiner here. I don't handle individual claims, but I can give general information. For separation issues involving refusal of overtime and subsequent termination, we consider several factors: 1. Was overtime clearly stated as a job requirement when hired? 2. Was there a legitimate reason for refusing overtime (childcare obligations qualify)? 3. Was reasonable notice provided for the overtime request? 4. Did the employee communicate their limitations? In your case, having documented childcare obligations that were communicated to your employer and being terminated for that reason would typically NOT be considered willful misconduct. Be clear and factual in your interview, avoid emotional statements about your former employer, and provide any documentation of your daycare pickup requirements and the fees you incurred. Keep filing your weekly certifications while your case is under review. If approved, you'll receive back payments for eligible weeks.

they cant make u work overtime if u have kids!!!!! thats illegal!!! my cousin sued her job for this and won big money u should talk to a lawyer not just file unemployment

Has anyone seen their UC claim stuck with a 'separation issue' for a long time? Mine took 7 WEEKS to resolve and I almost lost my apartment waiting. The system is so broken!!! I kept calling and calling and never got through. I hate how they make it impossible to talk to someone!!!

Make sure you're continuing to file your weekly claims while waiting for the separation issue to be resolved. A common mistake is thinking you can't or shouldn't file until the initial claim is approved. If you're found eligible, they'll pay you for those weeks, but ONLY if you've properly certified for them. Also, document any attempts by your employer to contest your UC claim. It's common for employers to claim insubordination in these cases, so be prepared to clearly explain the childcare issue and how it was communicated.

my boss tried to do the EXACT same thing to me but i got lucky and found another job before they could fire me. these companies think they OWN us and our time!!! the whole system is rigged against workers with families. good luck with your claim!