Fired over pending criminal charges in PA - can I still get UC benefits?

From my experience working in HR, being charged but not convicted typically doesn't constitute willful misconduct for PA UC purposes. PA generally considers misconduct to be actions directly related to your work. Since your alleged DUI happened off-duty and isn't related to your job performance, you have a good chance at benefits. I'd recommend gathering documentation showing: 1) The incident wasn't work-related 2) You haven't been convicted of anything 3) Your good work history before this Be prepared for a referee hearing where you'll need to explain your side. Good luck!

mine was diffrent but kinda similar. i got fired after being arrested for shoplifting but charges were dropped later. my employer fought my claim HARD sayin i violated company policy. took 8 weeks but i won my appeal. they kept sayin willful misconduct but the referee said since i wasnt convicted and it didnt affect my work it wasnt misconduct. hang in there!!

Omg I feel for you! I got fired from my nursing job last year when my boss found out I had a pending simple assault charge (my neighbor and I got in a stupid argument). My employer denied my UC claim too but I eventually got benefits because the charge wasn't work-related and didn't affect my ability to do my job. The key was proving the arrest happened outside of work hours and didn't involve patients.

You NEED to appeal if they deny you. PA law is actually pretty clear that misconduct needs to be related to your work capacity. A pending DUI that occurred outside of work hours typically won't disqualify you unless you're required to drive for your job or if your job requires a clean criminal record due to licensing requirements. When I was a UC appeals referee, we generally ruled in the employee's favor in these types of cases, especially when: 1) The employee had no prior disciplinary issues 2) The alleged conduct occurred off-duty 3) No conviction had occurred If your employer protests, you'll get a Notice of Determination. If it's a denial, appeal immediately! The appeal deadline is only 15 days from the mailing date.

U better keep filing weekly claims even while its pending!!!! I didnt know this and lost 3 weeks of benefits when my case was decided.

i had practically the SAME thing happen but it was a public intoxication charge and i worked at a school. employer handbook had some BS morality clause. they denied my initial claim but i got it on appeal. took like 7 freakin weeks tho and i almost got evicted waiting

Have you tried using Claimyr to reach UC? I was in a similar situation with pending disqualification and couldn't get through for weeks. I used claimyr.com and got through to a PA UC agent in about 20 minutes. They have a video demo of how it works here: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 I was able to explain my situation, and the agent told me exactly what documentation I needed to submit to help my case. Much better than sitting on hold for hours or getting a busy signal.

They connected me directly with a UC agent who resolved my issue. In my case, they were able to see exactly what was causing the hold-up and tell me what evidence I needed to submit. Got my determination letter about a week later.

Important: Your employer will likely argue that the moral character clause in their handbook constitutes a reasonable work rule. However, PA UC precedent generally holds that for a rule violation to constitute willful misconduct: 1) The rule must be reasonable 2) The employee must be aware of the rule 3) The rule must be consistently applied 4) The violation must be deliberate For point #4, it's hard to argue that getting arrested off-duty was a deliberate violation of workplace rules. Additionally, PA has historically required a CONVICTION, not just charges, to support willful misconduct claims based on off-duty criminal activity. At your hearing, ask whether other employees with pending charges (not convictions) were treated the same way. Inconsistent application of the policy significantly strengthens your case.

THE SYSTEM IS RIGGED! I went through something similar and those referee hearings are a JOKE. They're just looking for any excuse to deny benefits. My boss made up all kinds of stuff during my hearing and the referee believed every word. FIGHT HARD and DOCUMENT EVERYTHING!!!

To answer your question about needing a lawyer - you don't typically need one for a UC hearing, but if you can afford a consultation with an employment attorney, it might be worth it given the complexity of your situation. Many offer free initial consultations. Also, the fact that another employee with similar circumstances kept their job is VERY relevant. That goes directly to the consistent application of the policy, which is one of the key elements in determining if a rule violation constitutes willful misconduct. And yes, absolutely continue filing your weekly claims during this whole process. If you win your appeal, you'll only be paid for weeks you properly certified.