PA UC Appeal Hearing: Will my former employer actually show up?
Got my appeal hearing date yesterday after waiting nearly 7 weeks! This is my first time going through this process and I'm starting to get really nervous. The notice says it's a telephone hearing (which is fine), but what I'm stressing about is whether my ex-employer will actually be on the call too? They fired me claiming I violated company policy by taking a 35-minute lunch instead of 30 minutes (after 3 years of perfect attendance!). I have documentation showing they never warned me about this before termination. Has anyone gone through a PA UC appeal hearing recently? Does the employer usually participate or just send paperwork? I'm worried I'll freeze up if I have to directly argue with my former boss.
21 comments

Ryder Ross
Yes, in most PA UC appeal hearings, the employer has the right to participate. Whether they actually show up depends on how motivated they are to fight your claim. In my experience working with unemployment cases, about 70% of employers do participate, especially if they're contesting something like misconduct termination. Bring all your documentation showing no prior warnings - that will be extremely helpful. The referee will give both sides a chance to present their case and ask questions. Be honest, calm, and stick to the facts. The fact that you had 3 years of good standing will definitely work in your favor!
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Kyle Wallace
AuthorThank you for this info! I'm definitely nervous about facing them directly. Do you know if I can have someone there with me for support, like a friend or family member?
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Gianni Serpent
my boss didnt show up for mine lol. got my benefits approved right away. but my sister had her hearing and her boss was there with like 3 other people from HR! depends on the company i guess
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Kyle Wallace
AuthorWow, that's a big difference in experiences! What kind of company did your sister work for? Mine is a mid-sized manufacturing company with about 200 employees.
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Henry Delgado
I went through this EXACT situation last year. My employer DID show up with their HR person and a witness. They were PREPARED with tons of documentation even though my situation was ridiculous too (they claimed I took too many bathroom breaks!!!). Here's my advice: write down EVERYTHING you want to say beforehand so you don't forget when you get nervous. The referee will ask specific questions and you need to be ready. Also make sure you have your phone fully charged and be somewhere quiet - my hearing lasted almost 2 hours!
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Kyle Wallace
AuthorThank you so much for sharing! I'll definitely prepare notes. Did you win your case? I'm worried because I don't have any witnesses on my side.
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Henry Delgado
Yes I won! The referee saw through their BS because they couldn't prove they had ever given me any warnings either. Just make sure you focus on the FACTS - don't get emotional or badmouth them (even though you might want to!). Stay professional and you'll be fine. Good luck!
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Kyle Wallace
AuthorThat's so reassuring to hear! I'll definitely stay focused on the facts. Thanks for the encouragement!
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Olivia Kay
I've represented several clients at PA UC hearings, and here's what you should know: 1. Employers often do attend, especially if they've already disputed your initial claim 2. The hearing is formal but not like a courtroom drama 3. You need to focus on proving you didn't commit willful misconduct 4. For a minor lunch break violation, they would typically need to show: - A clear policy existed - You were aware of the policy - You received warnings about violations - The violation was significant Without prior warnings, they'll have a difficult case. Prepare a simple timeline of events and practice explaining your side calmly. The referee is looking for facts, not emotions.
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Joshua Hellan
My cousin got denied for something similar and the company never even showed up to the hearing! The ref just used the paperwork they submitted earlier. The whole system is RIGGED against workers imo
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Olivia Kay
That's possible too - if the employer submitted detailed documentation earlier but doesn't attend, the referee can still consider their written evidence. That's why preparation is so important. Be ready to address any written claims they may have submitted.
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Jibriel Kohn
has anyone tried Claimyr to get through to UC? when I had my appeal I had a bunch of questions beforehand but couldn't get through on the phone. my friend told me about claimyr.com and showed me this video https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. It got me through to an actual person who answered questions about the appeal process. made me feel way more prepared
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Gianni Serpent
i tried calling PA UC like 50 times before my hearing and never got thru. wish i knew about this before
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Kyle Wallace
Thanks for the tip! I've been trying to call with questions too but keep getting the busy signal. I'll check this out.
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Edison Estevez
OK I NEED TO CLEAR SOMETHING UP. I see people saying the referee is looking for "facts not emotions" but MY EXPERIENCE was different!!! When I had my hearing the referee actually seemed really sympathetic to my situation. My employer was being a total jerk during the hearing and I think that actually HELPED me win my case. Not saying you should be dramatic but dont be AFRAID to explain how unfair the situation was. My boss literally fired me for calling off ONE TIME when my son was in the hospital!!! The referee could tell it was unreasonable. I'm just saying sometimes the HUMAN element matters too.
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Olivia Kay
This is a fair point. While referees must follow the law, they are indeed human. Showing the unreasonableness of the employer's actions can be effective. However, this should complement - not replace - a fact-based presentation.
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Joshua Hellan
my PA UC hearing was a DISASTER!!! the referee kept cutting me off whenever i tried to explain anything and my ex boss straight up LIED about stuff and they believed him!!! they denied my benefits even tho i had PROOF i was following company policy. this whole system is designed to side with employers no matter what!!!! 😡😡😡
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Ryder Ross
I'm sorry you had that experience. While most referees try to be fair, they're also managing time constraints for multiple hearings. It helps to be extremely concise and directly answer the questions asked. If you received an unfavorable decision, remember you can appeal to the UC Board of Review within 15 days of the referee's decision.
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Kyle Wallace
Update: Just got off the phone with UC (finally got through using that Claimyr service someone mentioned - it actually worked!). They advised me to prepare a written statement to read if I get nervous and said my documentation of no prior warnings will be important. The agent also mentioned my employer has responded to the hearing notice, so they will likely attend. Getting more nervous but also feeling more prepared. Thanks for all the advice everyone!
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Henry Delgado
You've got this! Remember to speak slowly and clearly during the hearing. And if you need a moment to collect your thoughts, it's totally fine to say "I need a moment to review my notes" - the referee will understand.
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Luis Johnson
You're doing all the right things to prepare! Since you confirmed your employer will likely attend, here are a few final tips: Keep your phone on speaker and have a backup device ready in case of technical issues. Write down key dates and times related to the incident. If they bring up the 35-minute lunch, be ready to explain exactly what happened that day and emphasize that this was never identified as a problem in your 3 years there. Most importantly, let them speak first when the referee asks for each side's story - sometimes employers dig their own holes by overexplaining or contradicting themselves. You've got solid documentation and a good track record. Stay calm and you'll do great!
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