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.

Good luck at your hearing next week! I went through a similar situation about 6 months ago - got arrested for disorderly conduct at a bar (completely stupid on my part) and my employer fired me citing their "zero tolerance" policy for criminal charges. I was terrified about losing my benefits. The key things that helped me win my case: 1) I brought documentation of my clean work record - performance reviews, attendance records, etc. 2) I emphasized that the incident was completely unrelated to my job duties 3) I pointed out that I hadn't been convicted of anything yet 4) I stayed calm and professional during the hearing, even when my former boss tried to make it sound worse than it was The referee ruled in my favor, saying that off-duty conduct that doesn't affect work performance typically doesn't constitute willful misconduct under PA law. I ended up getting full benefits including back pay for the weeks I was waiting. One tip: if you have any character references from coworkers or supervisors who can speak to your professionalism, bring those too. It really helps counter the "moral character" argument. Rooting for you! 🤞

I went through something very similar last year - got arrested for a bar fight that had nothing to do with work, and my employer terminated me immediately citing their "moral standards" policy. I was panicking because I'm a single mom with two kids. Here's what I learned from my experience: - The "pending employer protest" phase usually takes 2-4 weeks, but can be longer if they request a hearing - PA law distinguishes between arrests/charges and actual convictions - being charged with something off-duty typically isn't considered willful misconduct - Your perfect work record for 3 years is going to be your strongest asset I ended up winning my case at the hearing level. The referee said that while my employer had the right to terminate me based on their policy, that didn't automatically make it willful misconduct for UC purposes. The key was proving the incident was unrelated to my job performance. Make sure you keep detailed records of everything - your work history, the arrest details, any communications with your employer. And definitely keep filing those weekly claims! I almost missed out on back pay because I stopped filing when my claim was initially denied. Hang in there - I know how scary this is when you have kids depending on you. Feel free to message me if you need someone to talk to who's been through this exact situation.

I'm going through something very similar right now! Got fired from my retail job after being arrested for possession charges (still pending). My employer is fighting my UC claim saying I violated their "drug-free workplace" policy even though the arrest happened at my apartment on my day off. Reading through all these responses is giving me hope though. It sounds like the key is proving the arrest was completely unrelated to work and didn't affect your job performance. The fact that you have 3 years of perfect performance records is huge in your favor. One thing I learned from calling UC multiple times - they told me that even if your employer has a policy about criminal charges, PA law still requires the misconduct to be "willful" and work-related. Getting arrested off-duty for something that doesn't impact your job duties usually doesn't meet that standard. Keep us posted on how your hearing goes! I have mine scheduled for next month and your situation sounds almost identical to mine. We got this! 💪

I'm really sorry you're going through this - it's such a stressful situation when you have kids depending on you. I went through something very similar about 18 months ago when I got arrested for a domestic dispute with my ex (charges were eventually dropped). My employer at a daycare center fired me immediately citing their "background check policy" even though I had been there 4 years with zero issues. The good news is that I won my UC case! Here are the key things that helped me: 1) I documented everything - saved all my performance reviews, attendance records, any positive feedback 2) I proved the arrest was completely unrelated to my job duties and happened during my personal time 3) I showed that other employees had been treated differently (one coworker had a DUI and kept their job) 4) I emphasized that I hadn't been convicted and the charges were still pending The referee ruled that while my employer could terminate me based on their policy, off-duty arrests that don't affect work performance aren't willful misconduct under PA law. The whole process took about 6 weeks from initial denial to getting benefits, but I got full back pay. Your 3-year perfect record is going to be your strongest weapon. Make sure you bring copies of everything to your hearing. And definitely keep filing those weekly claims no matter what - I almost lost weeks of benefits because I didn't know to keep filing during the appeal. You've got this! The law is actually on your side in these situations.