How to tell if my PA UC claim will be contested by former employer?
I just filed for unemployment last week after getting let go from my restaurant job. My manager said I was being fired for 'not meeting expectations' but honestly they just hired too many people and cut my hours until I couldn't make rent. I got an email that my claim has been processed but I'm worried my employer might fight it. Are there any signs to look for that would tell me if they're contesting my claim? The UC portal doesn't seem to show anything about employer responses. How long does it usually take to find out if they're fighting it? Really stressed about this as I need the benefits ASAP.
21 comments
NebulaNova
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.
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Nia Jackson
•Thanks for the quick response! The 7 day timeline helps. I don't see any 'open issue' yet but it's only been 5 days. I'll keep checking. Do you know if I'll get a notification if they contest it or do I just have to keep checking the portal?
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Mateo Hernandez
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
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Aisha Khan
•This is exactly right. If they contest it, you'll get both an open issue notification AND they'll schedule a determination interview. Make sure you answer that call when it comes in! If you miss it, it can delay things by weeks.
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Ethan Taylor
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.
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Nia Jackson
•That's really similar to my situation. I don't have a ton of documentation but I do have some texts complaining about my reduced hours. Glad to hear you were able to get benefits even when they contested it.
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Yuki Ito
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.
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Nia Jackson
•This is super helpful, thank you! I had no idea restaurants typically fight claims - that makes me even more nervous. My payment status still says 'processing' so I guess I'm still in the window where they could contest. I'll check out that service if I can't get through on the phone.
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Carmen Lopez
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.
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AstroAdventurer
•You're absolutely right about constructive discharge. The UC representatives recognize this tactic - reducing hours until an employee quits is actually a common practice some employers use to avoid unemployment claims. However, technically the claimant should clarify whether they quit or were fired, as the process differs slightly.
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Nia Jackson
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?
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NebulaNova
•Don't panic! This is actually normal and just means they're contesting it. You'll receive a notice for a determination interview where you can explain your side. Make sure you gather any evidence now - text messages about schedule changes, performance reviews if you had any good ones, anything showing you were doing your job properly. The 402(e) is just the section of law they're citing - it doesn't mean they've proven anything. Keep filing your weekly claims!
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Andre Dupont
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
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Nia Jackson
•Thanks for telling me what to expect. I'm checking my mail and phone constantly now. Really hope this gets resolved soon because rent is due in 2 weeks.
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Aisha Khan
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.
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Nia Jackson
•I might need to do this. I've already tried calling twice today and can't get through. Did you find out anything specific about the willful misconduct claims through the agent? I'm trying to prepare for what my employer might say.
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Mateo Hernandez
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
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Nia Jackson
•Good reminder! I'll make sure to keep filing. Do you know if they'll eventually pay me for all those weeks if I win the case?
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Mateo Hernandez
•yes they will pay u for all weeks u filed for once its approved. thats why its important to keep filing even if ur not getting paid right away
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AstroAdventurer
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.
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Nia Jackson
•This is incredibly helpful info. I didn't realize poor performance usually isn't enough to deny benefits. That makes me feel a bit better. I'll start putting together documentation about my hours being cut. Thank you!
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