Fired after reporting racial slurs - PA UC claims employer misconduct but no proof - 8 weeks waiting with no decision
I'm at my wits end and don't know what to do anymore. I was let go on January 10th after I reported a coworker who repeatedly used racial slurs against me. Instead of addressing the hostile work environment, they fired ME claiming 'willful misconduct' but have never provided ANY documentation or specifics about what I supposedly did wrong. No termination letter, no written explanation, nothing. I immediately filed for PA unemployment and have been filing my weekly claims religiously for 8 WEEKS now. Every time I check my claim status it just says "pending" with an open issue. When I finally got through to someone on the phone last week, they just said "we're still reviewing your case" and couldn't tell me anything else. I'm starting to panic because my savings are almost gone. Are they just going to make me wait the full 12 weeks then deny me so I have to go through a whole appeal process? Has anyone dealt with an employer falsely claiming misconduct without providing evidence? Do I need a lawyer? This feels like I'm being punished twice - first by losing my job for reporting discrimination, and now by the UC system.
22 comments
Atticus Domingo
Unfortunately this is super common with PA UC right now. When an employer contests a claim by saying "misconduct" but doesn't provide details, the UC examiner has to investigate, which means contacting both sides and waiting for responses. What you should do immediately is write down your own detailed account of what happened with dates, times, witnesses, etc. and mail or fax it to the UC office. Include that you reported racial harassment and were terminated in retaliation. This can speed up the process instead of waiting for them to contact you. And no, they shouldn't make you wait 12 weeks - that's the maximum time but most decisions happen before that. The fact that you haven't received a determination letter yet is actually good news - it means they haven't denied you.
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Elin Robinson
•Thank you so much for this advice! I never thought about proactively sending documentation. I'll definitely put together a detailed timeline today. Should I include the names of witnesses or just their positions? And do you know which fax number or address I should use? The website has so many different contact options and I don't want to send it to the wrong place.
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Beth Ford
THEY ALWAYS DO THIS!!! happened to me last yr, employer lied said i was fired for being late but NEVER gave any dates/times & had NO WRITE UPS! took 11 weeks to get approved & then they owed me like $5700 in backpay. UC ALWAYS sides with employers 1st till u fight back. sooooo frustrating!!!!!
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Morita Montoya
•wait, so you actually got approved after 11 weeks? that gives me hope. was your backpay automatic or did you have to request it?
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Beth Ford
•yep got approved & backpay came automatic like 3 days after approval!! but those 11 wks were HELL, had to borrow money from family & almost lost my apartment. keep filing every week no matter what!!
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Kingston Bellamy
I spent 2 months trying to get through to someone at PA UC about my misconduct case last year. Was on hold for literally hours every day until I found this service called Claimyr that got me through to an agent in under 20 minutes. Worth every penny when you're dealing with something this important. You can see how it works at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 or just go to claimyr.com - once I actually talked to someone, they expedited my claim and I got an answer within a week.
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Joy Olmedo
•Is this legit? I tried calling the PA UC number yesterday and got disconnected 3 times after waiting on hold for 45+ minutes each time. If this actually works I'm desperate enough to try anything at this point.
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Kingston Bellamy
•Yes totally legit. They basically keep autodialing for you until they get through, then call you back when they have an agent on the line. Much better than wasting your whole day on hold. Once I got through to a real person, I found out my claim had just been sitting there because they were missing one document from my employer.
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Isaiah Cross
I work as an employment attorney in PA, and I want to point out something important here: Being fired after reporting discrimination could potentially qualify as retaliation, which is illegal. You should continue pursuing your UC benefits, but you might also have grounds for a wrongful termination claim. For your UC claim specifically: 1. Continue filing weekly claims without fail 2. Document all communication attempts with UC office 3. If/when you receive a determination, read it carefully - you only have 15 days to appeal if denied 4. The burden of proof for willful misconduct is on the employer If the employer is claiming misconduct but providing no evidence, they may fail to meet this burden during the UC process. Also, for discrimination/retaliation issues, consider filing with the PA Human Relations Commission - they have a 180-day deadline from the date of termination.
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Elin Robinson
•Thank you! I hadn't even thought about the retaliation angle. I'm going to look into filing with the PA Human Relations Commission this week. One question though - will filing a separate discrimination complaint impact my UC claim in any way? I'm worried about doing anything that might complicate things further.
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Isaiah Cross
•Filing with PHRC won't negatively impact your UC claim - they're separate processes. In fact, if PHRC finds merit to your claim, it could potentially help your UC case. Just be consistent with the facts in both filings. Make sure to meet that 180-day deadline, as it's strictly enforced.
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Kiara Greene
u need to kno what ur rights r with PA unemployment. when an employer says misconduct, they gotta PROVE it. no proof = no misconduct. i was in same boat last yr & had to wait 9 weeks b4 getting approved. make sure ur doing ur 6 work search activities EVERY week or theyll deny u for that even if u win the misconduct thing.
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Elin Robinson
•Thanks for the reminder about work search! I've been doing my searches but haven't been super detailed in recording them. I'll make sure I'm more thorough. Did you have to do anything special to get your claim approved or did it just happen eventually?
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Evelyn Kelly
I hate to be the bearer of bad news but my sister's boyfriend's claim took 14 weeks to process when his employer said he was fired for misconduct. And then they denied him so he had to appeal and wait ANOTHER 6 weeks for a hearing date. The whole process is designed to wear you down so you'll give up. So frustrating!!!
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Atticus Domingo
•While delays do happen, 14 weeks is outside the normal processing time even for contested claims. The UC service center is required by federal standards to issue determinations within 21 days, though they often miss this target. Most misconduct investigations are completed within 8-10 weeks. Did your sister's boyfriend maintain contact with the UC office during that time?
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Evelyn Kelly
•idk all the details honestly, i just know he was super stressed about it for months. maybe there were other issues with his claim too.
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Joy Olmedo
Here's what I'd recommend based on my experience as a former PA UC claims examiner (I left in 2024, so my info is current): 1. Your case is likely marked as a "quit/discharge" issue, which requires investigation from both sides 2. If your employer isn't responding to UC's requests for information, the examiner is supposed to make a decision with available information after a reasonable time 3. Call the UC service center and specifically ask: "What is the status of the fact-finding on my separation issue? Has my employer responded to requests for information?" 4. Use these exact words: "I'm experiencing financial hardship due to this delay. Is my claim eligible for a partial payment while the investigation continues?" Sometimes claims get stuck in the system. A polite but direct call asking these specific questions can get things moving. And yes, in some cases they can issue partial payments while investigating complex issues.
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Elin Robinson
•This is incredibly helpful! Thank you so much for the insider perspective and the exact wording to use. I'll try calling again tomorrow morning with these specific questions. I've definitely been experiencing financial hardship - maxed out my credit cards already trying to keep afloat.
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Morita Montoya
any chance u can get anything in writing from coworkers who heard the racial slurs? that would help ur case big time. also check ur work email if u still have access - any evidence that u reported the issue before being fired would be super helpful to counter the misconduct claim.
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Elin Robinson
•Unfortunately I don't have access to my work email anymore, but I did text my supervisor right after one incident happened. I should still have that on my phone! As for coworkers, most are scared to get involved, but there is one who already left the company who might be willing to provide a statement. Great suggestion!
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Atticus Domingo
Quick update for those following - I've seen several similar cases recently get resolved within 9-10 weeks (still too long, but better than 12+). Make sure you're responding immediately to any mail or messages from UC. If you receive a questionnaire about your separation, return it within 24 hours if possible. This is also a good time to gather any documentation about the racial harassment - text messages, emails, names of witnesses, dates of incidents, and especially any proof you reported it before being terminated. One last tip: if you do need to appeal (hopefully you won't), request a hearing by telephone rather than in-person. The telephone hearings are typically scheduled 3-4 weeks sooner.
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Beth Ford
•100% AGREE about phone hearings being faster!! my appeal hearing was scheduled in like 2 weeks when i picked phone option. in-person was gonna be like 2 MONTHS wait. system is so broken!!
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