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.
42 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
•Thank 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
•Wow, 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
•Thank 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
•That'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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LongPeri
I went through a PA UC appeal hearing about 6 months ago and I can definitely relate to your nerves! My employer did show up with their manager and they came prepared with a whole file of documentation. The key thing that helped me was having everything organized beforehand - I had my employment records, any emails or texts related to the issue, and I wrote out a timeline of events. One thing I wish someone had told me is that the referee will usually ask you to explain your side first, then let the employer respond. Don't interrupt them even if they say something you disagree with - you'll get a chance to respond. Also, if you have any coworkers who witnessed the incident or can speak to your work ethic, see if they'd be willing to be a witness on the call. Having someone back up your story can be really powerful. The lunch break thing sounds ridiculous honestly - especially with no prior warnings and 3 years of good attendance. That should work strongly in your favor. Good luck with your hearing!
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LordCommander
•This is really helpful advice! I hadn't thought about asking coworkers to be witnesses. There are definitely a few people who could speak to my work ethic and the fact that lunch timing was never treated as a big deal before. Do you know if I need to give advance notice to the referee about having witnesses, or can I just have them ready to join the call if needed?
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StarSailor}
•You should definitely give advance notice about witnesses! When I had my hearing, I called the UC office a few days before to let them know I wanted to have a witness participate. They added their information to the hearing record and made sure they got the call-in details. Some referees prefer to know ahead of time so they can plan for the extra time needed. The witness doesn't need to be on the whole call - usually they'll ask them to join just for their portion of testimony. Having someone confirm that lunch break timing wasn't strictly enforced could really strengthen your case!
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Omar Mahmoud
I just went through this same process in PA about 2 months ago! My employer definitely showed up - it was me, my former supervisor, and their HR rep on the call. The whole thing lasted about 45 minutes. Here's what really helped me: I practiced explaining my situation out loud beforehand so I wouldn't stumble over my words when nervous. Also, when they asked me questions, I took a breath before answering instead of rushing to respond. The referee was actually pretty patient and professional. Your case sounds strong - firing someone for 5 extra minutes on lunch with no prior warnings seems excessive, especially with your clean record. Make sure to emphasize that this was never communicated as an issue before. I'd also suggest having a glass of water nearby during the call - my mouth got super dry from nerves! One more tip: if your employer starts making claims that aren't true, jot them down so you can address them when it's your turn to respond. Don't interrupt them even if you want to. You'll get your chance to set the record straight.
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Zara Shah
•Thanks for sharing your experience! The practicing out loud tip is great - I've been running through what I want to say in my head but actually saying it out loud would probably help me feel more confident. 45 minutes sounds manageable. Did you end up winning your case? And were you surprised by anything your employer said during their part, or was it pretty much what you expected them to argue?
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Andre Dubois
I'm going through my first PA UC appeal hearing too and this thread has been so helpful! Reading everyone's experiences is making me feel more prepared. I got terminated for allegedly being "insubordinate" when I questioned a safety protocol that seemed dangerous - no warnings, no write-ups, just straight to termination after 2 years of good reviews. My hearing is in 3 weeks and I'm definitely nervous about facing my former employer. It sounds like preparation is key - I'm going to start organizing all my documentation and practicing what I want to say out loud like some of you suggested. @Kyle Wallace - your situation with the lunch break timing sounds so unfair! With your clean 3-year record and no prior warnings, I really think you have a strong case. The fact that you're taking the time to prepare properly shows you're taking this seriously. Wishing you the best of luck with your hearing!
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Lucas Parker
•@Andre Dubois - Thanks for the encouragement! Your situation with the safety protocol sounds even more frustrating than mine. Questioning something for safety reasons should never be considered insubordination - that s'exactly the kind of thing good employees are supposed to do! It sounds like you re'already on the right track with getting organized early. Having 3 weeks to prepare is actually great - I only had about 10 days once I got my hearing notice. I ll'definitely be thinking of you when your hearing comes up. Hopefully we both get good outcomes! This whole process is stressful but reading everyone s'advice here has made me feel much more confident about what to expect.
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Kiara Greene
I'm also facing my first PA UC appeal hearing next month, so reading through everyone's experiences here has been incredibly valuable. The range of outcomes really shows how much preparation matters. @Kyle Wallace - Your documentation showing no prior warnings is going to be crucial. I've been gathering similar evidence for my case. One thing I learned from a legal aid workshop is to organize your documents chronologically and have specific dates ready. If they claim you were aware of the policy, be prepared to ask them to show exactly when and how this was communicated to you. The lunch break violation honestly sounds like they were looking for an excuse to terminate you. Five minutes after three years of perfect attendance? That screams pretext to me. For everyone going through this - I found it helpful to request my complete personnel file from my former employer (you have the right to this in PA). Sometimes there are notes or documentation in there that you didn't know existed, which can either help your case or prepare you for what they might bring up. Good luck to everyone with upcoming hearings! This community has been such a lifeline during this stressful process.
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Zara Perez
•@Kiara Greene - That s'a really smart tip about requesting your complete personnel file! I hadn t'thought of that but it makes total sense - there could be notes in there that I m'not aware of. I m'definitely going to do that this week. The chronological organization idea is great too - I have all my documents but they re'kind of scattered. Having everything in order by date will probably help me tell a clearer story during the hearing. Thanks for sharing what you learned at the legal aid workshop! It s'so helpful to have people going through the same process sharing tips like this.
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Kristian Bishop
I just went through a PA UC appeal hearing last month and wanted to share what helped me the most. Like many others here, my employer did show up with their HR manager. The whole process took about an hour. The best advice I can give is to stay calm and factual. When they asked about the incident, I stuck to a simple timeline: what happened, when it happened, and why I believed it didn't constitute misconduct. The referee asked follow-up questions, but they were fair and gave me time to explain. Your situation with the 5-minute lunch extension and no prior warnings actually sounds very similar to what I've seen ruled in favor of the employee. The key is proving they never established this as a problem before jumping to termination. One practical tip: have a notepad ready during the call. I wrote down their claims as they spoke so I could address each point when it was my turn. Also, speak directly into your phone's microphone - some of these hearings have audio quality issues and you want to make sure you're heard clearly. With your 3-year clean record and documentation of no warnings, you're in a good position. The employer has to prove willful misconduct, not just that a policy was technically violated. Stay confident and stick to the facts!
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Amelia Cartwright
•This is such solid advice! The notepad tip is really smart - I can see how it would be easy to forget what they said by the time it's your turn to respond. I'm feeling more optimistic about my case after reading everyone's experiences. The fact that multiple people have mentioned that no prior warnings is a strong factor in these hearings gives me hope. I'm definitely going to practice staying calm and factual like you suggested. Thanks for taking the time to share your experience!
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Zoey Bianchi
I just wanted to add something that really helped me during my PA UC appeal hearing last year - have a backup plan for technical issues! My phone actually dropped the call about 20 minutes in (of course at the worst possible moment), but I had written down the hearing number and was able to call back in immediately. The referee was understanding and just picked up where we left off. Also, don't be afraid to ask for clarification if you don't understand a question. The referees would rather you ask than give a confusing answer. And if your employer makes a claim that's completely false, stay calm - getting flustered or angry will only hurt your case. Just make a note and address it factually when it's your turn. Your lunch break situation honestly sounds like retaliation or they were looking for any excuse to let you go. With 3 years of perfect attendance and no documented issues with lunch timing, you have a really strong case. The burden is on them to prove willful misconduct, and a 5-minute difference without any prior discipline history is going to be very hard for them to justify. Keep us updated on how it goes!
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Keisha Williams
•Great point about having backup plans for tech issues! I hadn't even considered that possibility but it makes total sense - the last thing you want is to miss part of your hearing because of a dropped call. I'm definitely going to write down all the call-in details and maybe even test my phone connection beforehand. The tip about staying calm when they make false claims is really important too. I can already imagine how frustrating it would be to hear them misrepresent what happened, but you're right that getting emotional would just hurt my case. I'm going to practice keeping my cool and just focusing on the facts I can prove with my documentation. Thanks for sharing your experience!
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Anastasia Fedorov
I had my PA UC appeal hearing about 8 months ago and wanted to share my experience since I see you're getting nervous (totally understandable!). My former employer DID show up - it was their manager and someone from HR. The hearing lasted about 50 minutes total. Here's what really helped me: I prepared a simple outline with bullet points of the key facts I wanted to cover, including dates and any documentation I had. When I got nervous during the call, I could just glance at my notes to stay on track. Your case honestly sounds very strong - terminating someone for a 5-minute lunch extension with NO prior warnings after 3 years of perfect attendance? That's going to be really hard for them to justify as willful misconduct. The referee will be looking for whether you knowingly violated a clearly communicated policy despite previous warnings, and it sounds like they can't prove either of those elements. Make sure to emphasize your clean employment record and the fact that lunch timing was never flagged as an issue before. If they try to claim you "should have known" about strict timing, ask them to point to specific training or warnings you received about this policy. Stay calm, stick to facts, and remember - they have the burden of proving misconduct, not you. You got this!
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Luca Romano
•This is exactly what I needed to hear! The bullet point outline idea is brilliant - I've been worried about blanking out or rambling when I get nervous, so having that structure to fall back on will be really helpful. You're absolutely right that they need to prove I knowingly violated a clearly communicated policy with prior warnings, and they simply can't do that. I'm going to prepare some specific questions to ask them about when and how this lunch timing policy was supposedly communicated to me. Your point about emphasizing my clean record is spot on - 3 years of perfect attendance should count for something! Thank you for the encouragement and practical advice. It's so reassuring to hear from someone who went through the same process and came out successful.
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Lauren Johnson
I went through a PA UC appeal hearing about 4 months ago and I can definitely relate to your anxiety! My employer showed up with their HR director and operations manager - they came prepared with a whole folder of documentation. The hearing lasted about an hour and 15 minutes. What really helped me was doing a practice run with a family member the night before. We did a mock hearing where they asked me questions and I practiced giving clear, concise answers. It made such a difference when the actual call happened because I'd already worked through my nerves. Your situation with the lunch break honestly sounds like they were nitpicking to find a reason to terminate you. The fact that you have 3 years of perfect attendance and no prior warnings about lunch timing is huge in your favor. During my hearing, the referee kept asking my employer about progressive discipline - whether they had given verbal warnings, written warnings, etc. before jumping to termination. It sounds like your employer skipped all of that. One thing that surprised me was how much the referee focused on whether the policy was clearly communicated and consistently enforced. Be prepared to ask them specific questions about how and when you were supposedly told about strict lunch timing rules. If other employees regularly took longer lunches without consequences, that inconsistent enforcement will work in your favor. You're going to do great - the preparation you're doing shows you're taking this seriously!
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CosmicVoyager
•The mock hearing practice idea is genius! I never would have thought of that but it makes so much sense - getting used to explaining your situation out loud and working through the nerves beforehand would be incredibly helpful. I'm definitely going to ask my partner to help me do a practice run this weekend. Your point about progressive discipline is really important too - it sounds like that's a key factor the referees look for. I'll make sure to be ready with questions about their disciplinary process and why they skipped straight to termination without any warnings. The inconsistent enforcement angle is interesting - I definitely know of other employees who have taken longer breaks without any issues. Thanks for sharing such detailed advice from your experience!
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Lucas Bey
I had my PA UC appeal hearing about 3 months ago and wanted to share some encouragement! My employer did show up (their manager and HR rep), but honestly, it wasn't as scary as I built it up to be in my head. The referee was professional and gave both sides equal time to present their case. Your situation sounds very similar to mine - I was terminated for what they claimed was a policy violation, but they had never given me any warnings or documentation about it being an issue. During the hearing, the referee kept pressing them on why they jumped straight to termination without following progressive discipline. They couldn't give a good answer. The fact that you have documentation showing no prior warnings is going to be your strongest asset. Make copies of everything and have it organized by date. Also, be ready to speak about your 3 years of perfect attendance - that shows you were a reliable, conscientious employee, which makes their claim of willful misconduct much harder to prove. One practical tip: when they're speaking, jot down any claims they make that you disagree with, but don't interrupt. When it's your turn, you can address each point methodically. The referee will appreciate your professionalism. You're doing all the right things to prepare. With your clean record and their lack of progressive discipline, you have a really solid case. Try not to stress too much - you've got this!
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Isabella Costa
•This is such helpful and reassuring advice! I really appreciate you taking the time to share your experience. The point about not interrupting them while they're speaking is so important - I can already imagine how tempting it would be to jump in if they say something inaccurate, but you're right that staying professional and addressing their claims methodically when it's my turn will look much better to the referee. I've been organizing my documentation chronologically like several people suggested, and it's actually making me feel more confident seeing everything laid out clearly. The fact that you had a similar situation and were successful gives me a lot of hope. I'm definitely going to practice that approach of jotting down their claims and then addressing them point by point. Thank you for the encouragement - this community has been such a lifeline during this stressful process!
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Ravi Choudhury
I just had my PA UC appeal hearing last week and wanted to share my experience while it's still fresh! My employer definitely showed up - it was my former supervisor plus someone from their legal department. The whole thing lasted about 90 minutes. Here's what really stood out to me: the referee spent a LOT of time asking about their progressive discipline policy and why they didn't follow it. Your case sounds incredibly strong - a 5-minute lunch extension after 3 years of perfect attendance with zero warnings? That's exactly the kind of situation where referees question whether the employer was looking for an excuse to terminate. A few things that helped me: I had my timeline written out with specific dates, I stayed calm even when they made claims I disagreed with, and I asked them direct questions about their policies when it was my turn (like "Can you show me where in the employee handbook it specifies exact lunch timing?" or "What progressive discipline steps did you take before termination?"). The referee seemed really focused on whether the policy was clearly communicated and consistently enforced. If you know of coworkers who regularly took longer breaks without consequences, that inconsistent enforcement could be huge for your case. One last tip - bring up your 3-year perfect attendance record early and often. It shows you were a model employee, which makes their willful misconduct claim much harder to prove. You're going to do great - your case honestly sounds like a slam dunk to me!
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Malik Johnson
•This is incredibly helpful advice, especially coming from someone who just went through their hearing! The fact that the referee spent so much time questioning their progressive discipline policy gives me a lot of hope. You're absolutely right about my case - when you put it like that (5 minutes after 3 years of perfect attendance with zero warnings), it does seem pretty unreasonable on their part. I'm definitely going to prepare those specific questions about their handbook and discipline procedures. The point about consistent enforcement is really smart - I can think of several coworkers who regularly took 40+ minute lunches without any issues whatsoever. I'll make sure to bring up my attendance record early in my presentation like you suggested. Thank you so much for sharing such detailed and recent experience - it's exactly what I needed to hear to feel more confident going into this!
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