How to tell if my PA UC claim will be contested by former employer?

Your employer has 7 days to respond to your claim once the PA UC office notifies them. If they contest it, you'll see an 'open issue' on your claim status page. Keep filing your weekly certifications regardless! If they don't respond within that window, UC typically rules in your favor by default. Based on what you described, they might claim misconduct, but 'not meeting expectations' is pretty vague and usually not enough to deny benefits if you were genuinely trying to do your job. Make sure you explain in any fact-finding interviews that they reduced your hours significantly before termination.

my old boss tried to fight mine, you'll know becuase you'll get an 'open issue' notice and then they schedule a phone interview with you to get your side. whole thing took like 3 weeks for me but I still got paid backpay once it was approved

I had the same situation happen at my retail job!! They kept cutting my hours until i was basically working one shift a week. When I got unemployment they tried saying I was fired for attendance but I had documentation showing my schedule changes. Just make sure you have any emails or texts about your hours being cut. The adjudicator will ask for your side during the interview.

Let me give you some advice after dealing with PA UC for years. Restaurants ALWAYS fight unemployment claims - it's like automatic for them because they're trying to keep their UC tax rates low. However, 'not meeting expectations' is super vague and typically doesn't qualify as willful misconduct. The burden of proof is on THEM to prove you did something wrong intentionally. You'll know they're contesting when: 1) You see 'open issue' on your claim status 2) You get a notice for a fact-finding interview 3) Your payment status says 'pending' for more than 2 weeks BTW, if you're unable to get through to UC to check on things (very common), I used a service called Claimyr that got me through to an agent in about 20 minutes instead of spending days redialing. You can see how it works at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 - totally worth it when you're stressing about whether your claim is going to be approved.

THEY CAN FIGHT IT ALL THEY WANT but if they cut your hours they're gonna lose!! That's called constructive discharge when they force you out by making it impossible to earn a living. I got approved even when my employer fought it, just took an extra 3 weeks. The system is broken but at least it worked eventually.

Update: I just checked my portal again and now there IS an open issue! It just appeared today. The status says "Section 402(e) - Willful Misconduct" which I'm assuming means they're saying I did something wrong. I'm freaking out now. What do I do next? Will I get a call automatically or do I need to call them?

jst went thru this last month... they wil send u a questionaire and then call u for phone interview... make sure u pick up when they call! the interview is ur chance to tell ur side. if they cut ur hours that much u should be fine but u need to explan that part clearly. also if they say miscoduct ask them to be specific about what u did wrong

I had a similar situation with an employer contesting my claim. The most frustrating part was trying to get information from UC about what was happening. I spent 3 days calling the unemployment office trying to find out what documentation I needed to provide, but couldn't get through on their phone lines. I ended up using Claimyr (claimyr.com) after seeing it recommended here, and they got me connected to a PA UC agent within 15 minutes. The rep explained exactly what I needed to provide for my fact-finding interview and it made a huge difference in getting my claim approved despite my employer fighting it. The video demo at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 shows how it works.

btw keep filing ur weekly claims even while this is going on!!! soooo many people stop filing while theres an issue and then they lose weeks they couldve been paid for later

To directly answer your original question with some factual information: Pennsylvania UC law requires the employer to prove willful misconduct, which is generally defined as an intentional disregard of the employer's interests or violation of rules. Poor performance alone is rarely sufficient for a denial unless they can prove you were deliberately performing poorly. In my experience as a PA unemployment advisor, when an employer contests a claim: 1. You'll see the open issue (which you now have) 2. You'll receive a questionnaire and/or notice of determination interview 3. You'll have a phone interview with an adjudicator 4. You'll receive a written determination If the determination is unfavorable, you have 15 days to appeal. Statistics show that employees who appeal initial denials win approximately 40% of their appeals, so don't give up if you get denied initially. The fact that your hours were reduced significantly before termination is important evidence in your favor. Document this as thoroughly as possible before your interview.

Hey Nia, I went through almost the exact same thing at my job last year - employer cut my hours from 35/week down to maybe 8-10 hours, then fired me claiming "performance issues." The good news is that when they contest based on willful misconduct but you have evidence of hour reductions, it usually works in your favor. A few things that helped me during my determination interview: - I had screenshots of my schedule showing the dramatic hour cuts over time - I kept a simple log of when I asked for more hours and was told "business is slow" - I emphasized that I never received any formal write-ups or warnings about my performance The adjudicator understood that employers sometimes use vague "performance" claims to avoid paying higher UC taxes. Since you mentioned they hired too many people, that actually supports your case that it was a business decision rather than misconduct on your part. One tip: when you get your interview call, ask the adjudicator specifically what the employer claimed you did wrong. Sometimes their story doesn't even match what they told you when they fired you, which helps your case. Stay calm and stick to the facts - you've got this!

I'm dealing with a similar situation right now where my employer is claiming misconduct after they basically forced me out by cutting my hours. Reading through all these responses has been super helpful - especially knowing that restaurants typically fight claims and that hour reductions can actually work in your favor. One thing I learned from my case worker is that you should also document any communication you had with management about needing more hours or asking about your schedule. Even informal conversations can help show that you were actively trying to work more, not avoiding work. Also, if you have any coworkers who witnessed the hour cuts or can speak to your work performance, their contact info might be useful during the interview. The waiting is definitely the worst part, but it sounds like you have a pretty strong case given that they admitted they hired too many people. Keep your head up and make sure you're prepared for that phone interview when it comes!

Just want to add another perspective here - I used to work in HR at a restaurant chain and saw this exact scenario play out dozens of times. The "not meeting expectations" language is almost always corporate speak for "we need to reduce payroll costs." When restaurants contest UC claims, they're usually banking on employees not showing up for their interviews or not having documentation. The fact that you mentioned they hired too many people is actually perfect evidence for your case. That shows it was a business decision, not performance-related misconduct. Even if you don't have perfect documentation of your hour cuts, the adjudicator will ask your employer to provide specific examples of misconduct with dates and details. Most of the time they can't because the real reason was overstaffing. Also, don't let the "willful misconduct" language scare you - that's just the standard legal category they have to use when contesting. The burden is on them to prove you intentionally did something wrong, and "not meeting expectations" without specific documented incidents usually doesn't meet that standard. You're going to be fine, just be honest and factual in your interview!

I'm going through something very similar right now - my retail job cut my hours from 32 per week down to maybe 6-8 hours, then let me go claiming I wasn't "dedicated enough." Seeing your update about the open issue appearing made my heart race because I'm expecting the same thing any day now. The advice everyone's giving about keeping documentation is so important. I started taking screenshots of my schedule in the app once I realized what was happening, and I saved text messages where I asked my manager about getting more hours. One thing my friend who works in employment law told me is to write down a timeline of events while it's still fresh - like when your hours started getting cut, what reasons you were given, any conversations about performance, etc. It's frustrating that employers can just claim "misconduct" as a catch-all, but from what I'm reading here it sounds like they actually have to prove specific intentional wrongdoing, not just business decisions disguised as performance issues. Hang in there - it sounds like you have a solid case especially with multiple people here saying hour reductions usually work in the employee's favor!

Reading through this entire thread has been incredibly helpful for understanding the PA UC process! I'm currently waiting to see if my former employer contests my claim too - got laid off from a manufacturing job where they said it was "performance related" but really they were just cutting costs after losing a major contract. One thing I wanted to add that hasn't been mentioned yet is to make sure you have your employer's full legal business name and address ready for the interview. The adjudicator will verify this information, and sometimes discrepancies can cause delays. Also, if your employer has multiple locations, be specific about which location you worked at. @Nia Jackson - your situation with the hour cuts sounds very similar to constructive discharge cases I've read about. The fact that they reduced your hours so drastically before firing you actually strengthens your case significantly. Even if they try to claim performance issues, the pattern of hour reduction suggests their real motive was reducing payroll, not addressing legitimate performance problems. Keep us updated on how your determination interview goes! This thread is going to be super valuable for other people in similar situations.

I'm new to this community but going through a very similar situation right now. My employer just contested my UC claim too, and seeing all these detailed responses has been incredibly reassuring. I was laid off from a small business that claimed it was for "poor performance" but they had been steadily reducing everyone's hours for months before the layoffs started. What really stood out to me from reading through everyone's experiences is how common this pattern seems to be - employers cutting hours first, then using vague performance language when they terminate people, then automatically contesting UC claims. It sounds like the adjudicators are pretty familiar with these tactics. @Nia Jackson - I hope your determination interview goes well! Based on everything people have shared here, it really sounds like you have a strong case. The hour reduction pattern combined with their admission about hiring too many people should work in your favor. Please keep us updated on how it turns out - I'll probably be going through the same process in a few weeks and would love to hear how yours goes. Thanks to everyone who shared their experiences and advice in this thread. It's made me feel much more prepared and less anxious about the whole process!

I've been following this thread and wanted to share some additional insight from my experience with PA UC determination interviews. The key thing to remember is that the adjudicator is looking for specific, documented instances of willful misconduct - not just general performance concerns. Based on what you've described, @Nia Jackson, your employer will need to prove that you intentionally violated workplace rules or deliberately performed poorly. The fact that they admitted to hiring too many people actually works strongly in your favor because it shows the real reason for termination was business-related, not misconduct. During your interview, be prepared to explain: 1. Your typical work performance before hours were cut 2. Any feedback you received (or didn't receive) about performance issues 3. The timeline of when your hours started being reduced 4. Any attempts you made to address concerns or get more hours Also, if they claim you weren't meeting expectations, ask specifically what expectations and whether those were ever communicated to you in writing. Often employers can't provide concrete examples because their claims are too vague. The determination process can feel overwhelming, but remember that the burden of proof is entirely on your employer. Stay factual, stay calm, and focus on the timeline of events. You've got this!

I've been through this exact process twice in PA and wanted to add some practical advice about what happens after the determination interview. First, don't be surprised if it takes 2-3 weeks to get your determination letter after the interview - the system is pretty backed up right now. If you do get approved (which sounds likely based on your situation), your back payments will typically arrive within 5-7 business days. If you get denied initially, absolutely file an appeal within those 15 days - I won my appeal even though I lost the initial determination because I had better documentation ready for the appeal hearing. One thing that really helped me was keeping a simple log of every interaction with UC - dates of calls, reference numbers, what was discussed. The system can be frustrating to navigate, but having that record saved me multiple times when there were discrepancies or delays. Also, just a heads up that even if you win, some employers will appeal the decision too, which can drag things out another few weeks. It's annoying but don't let it discourage you - most employer appeals fail if the initial determination was in your favor. Keep filing those weekly claims no matter what, and try to stay patient with the process. The waiting is brutal when you need the money, but it sounds like you have a really solid case with the hour reductions and their admission about overstaffing.

Just wanted to chime in as someone who went through this process recently in PA. The waiting period after you see that "open issue" appear is definitely nerve-wracking, but try not to let it consume you. I was in a similar situation where my retail job cut my hours dramatically before letting me go for "performance issues." A few practical things that helped me get through it: 1. I wrote out a detailed timeline of events while everything was still fresh - dates when my hours were cut, conversations with management, etc. 2. I gathered any documentation I had, even informal stuff like texts to friends complaining about the situation 3. Most importantly, I kept filing my weekly claims even though I wasn't getting paid yet The determination interview itself wasn't as scary as I expected. The adjudicator was actually pretty understanding when I explained how my hours went from 30+ per week down to single digits before they fired me. She could clearly see the pattern of what was happening. In your case, the fact that management admitted they "hired too many people" is huge evidence in your favor. That directly contradicts their misconduct claim and shows it was a business decision. Document that conversation if you can remember details about when and who said it. The whole process took about 4 weeks from start to finish for me, but I did get all my back pay once it was approved. Hang in there - based on everything you've shared, you have a really strong case!

I just went through this exact same thing a few months ago! Restaurant manager said I was being let go for "attendance issues" but really they were just overstaffed after the holidays and needed to cut payroll. When I saw that Section 402(e) open issue appear, I panicked just like you are now. Here's what actually happened: They scheduled my determination interview about 10 days after the open issue appeared. The adjudicator asked me to walk through what happened leading up to my termination, and when I explained how my shifts went from 4-5 per week down to maybe 1 shift every two weeks, she immediately understood what was going on. She asked my employer for specific documented instances of attendance problems with dates, and they couldn't provide anything concrete. The key thing that helped me was having exact dates when my hours were cut and being able to explain that I never received any formal warnings or write-ups. The adjudicator told me that employers often use vague terms like "not meeting expectations" because it sounds official, but it doesn't meet the legal standard for willful misconduct unless they can prove intentional wrongdoing. I got approved about 2 weeks after my interview and received 6 weeks of back pay. The whole process was stressful but honestly, having that admission from your manager about hiring too many people is probably the best evidence you could have. That directly proves it was a business decision, not misconduct. You're going to be fine - just stay calm during your interview and stick to the facts about your hour reductions!

I've been lurking in this community for a while but decided to create an account after reading through this entire thread. I'm going through almost the exact same situation right now - got "laid off" from my food service job after they cut my hours from full-time down to maybe 6-8 hours per week over the course of two months. They're claiming it was performance-related, but like everyone else here has mentioned, it's pretty obviously a payroll reduction disguise. What really struck me reading all these responses is how formulaic this seems to be across different employers - cut hours first, use vague performance language, then automatically contest the UC claim. It's almost like there's a playbook they're all following. But it's also really encouraging to see how many people here have successfully navigated this process and gotten approved despite the employer pushback. @Nia Jackson - your case sounds incredibly strong based on everything I've read here. The admission about hiring too many people is basically a smoking gun that proves this was never about your performance. I'm keeping my fingers crossed that your determination interview goes smoothly! And thank you for starting this thread - it's been incredibly valuable for those of us dealing with similar situations. The collective wisdom here has been way more helpful than anything I could find on the official PA UC website.