PA UC Appeal with Hermitage Referee - Questions about changing to phone hearing & what to expect in-person
Just got notice that I'll be having my PA unemployment appeal with a Hermitage Referee (after being denied benefits when my employer contested). I'm super anxious about this whole process and have a couple questions for anyone who's been through this: 1) If they schedule me for an in-person hearing, can I still request to change it to a phone hearing? I'm about 45 minutes away and transportation is complicated for me right now. 2) What's the actual hearing like if I go in person? Is it private in an office with just the referee, me, and maybe my former employer? Or is it like a courtroom setting where everyone is sitting around hearing each other's personal business? This is my first time dealing with an appeal and I'm stressed about the whole thing. My benefits were denied after working at a warehouse for 14 months, and I really need this resolved ASAP. Any advice from someone who's been through this process would be super helpful!
19 comments
Yuki Sato
I went through an appeal hearing with a Hermitage Referee last November. To answer your questions: 1) Yes, you can request to change from in-person to phone. When you get your hearing notice, it will have contact information - call ASAP and request the change. They're usually accommodating if you have transportation issues, but don't wait until the last minute. 2) The in-person hearings are much more private than you might think. It's not a courtroom - it's typically a small conference room with just the Referee, you, possibly your employer or their representative, and maybe a witness or two. Nobody else's cases are heard at the same time. Bring ALL documentation that supports your case. The Referee will give both sides a chance to present their evidence and testimony. Be prepared to explain exactly why you believe you should qualify for benefits. Dress business casual and be respectful, even if your employer says things you disagree with. Good luck!
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Ethan Wilson
•Thanks for the detailed response! That makes me feel a lot better about the situation. Did you have to wait long after your hearing to get a decision? And did you bring anyone with you as a witness or for support?
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Carmen Flores
the hearings arent that bad but u NEED TO BE PREPARED!!!! i lost my appeal bcuz i didnt have the right documents with me. make sure u bring EVERYTHING related to ur separation - emails, texts, writeups, handbook, etc. if ur employer says u were fired for breaking a policy u better have proof that policy wasnt clear or that u didnt break it. dont assume the referee already knows anything abt ur case!!
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Andre Dubois
•This is good advice. I've seen so many people come to hearings unprepared. The burden of proof is usually on the employer if it's a misconduct case, but you still need to be ready to counter their evidence.
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CyberSamurai
If you're nervous about the hearing, you might want to consider getting legal aid. Many counties in PA have free legal services that can help with unemployment appeals. It made a huge difference in my case having someone who understood all the procedures. As for the phone vs in-person question - I actually think in-person hearings give you a slight advantage. The Referee can see your body language and it feels more personal. But if transportation is truly difficult, a phone hearing works just fine too. I received my decision about 10 days after my hearing. The waiting was honestly the hardest part.
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Zoe Alexopoulos
•I disagree about in-person being better. My phone hearing went great and I won my appeal. Referee couldn't see me nervously fidgeting! Also didn't have to take extra time off work or pay for parking downtown. Both types work fine - just depends on your situation.
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Jamal Carter
I tried for WEEKS to get info about my hearing date by calling the UC service center. Nothing but busy signals and disconnects. Finally used a service called Claimyr (claimyr.com) that got me connected to a real person at PA UC in about 20 minutes. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 The UC rep was able to tell me my hearing status and answer my questions about the process. Much better than the endless calling and waiting. Just thought I'd mention it since you seem to be in a similar situation with needing info about your hearing.
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Ethan Wilson
•Thanks for this tip. I'm actually having the same problem trying to call about updating my address and possibly changing to a phone hearing. I'll check out that service if I can't get through in the next day or two.
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Mei Liu
THESE REFS ARE ALL BIASED TOWARD EMPLOYERS!!!!! i had proof my boss was lying and the ref just ignored it. waste of time. system is rigged against workers. good luck but dont get ur hopes up
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CyberSamurai
•That hasn't been my experience at all. The UC Appeal system definitely has issues, but most Referees I've encountered try to be fair. Remember that PA is an at-will employment state, but that doesn't mean every termination disqualifies you from benefits. The Referee has to follow specific legal standards regardless of personal feelings.
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Andre Dubois
One thing to remember for your appeal: focus on the specific reason UC gave for denying your benefits. If they said it was misconduct, be prepared to show it wasn't. If they said you quit voluntarily, be ready to prove you had a necessitous and compelling reason. I've been through three UC appeals (won 2, lost 1) and the key is staying on point. If your employer brings up issues that weren't in the original determination, politely point that out to the Referee. Also, when I appealed last time, it was during winter and there was a huge snowstorm on my hearing date. I called that morning and they let me switch to phone with no problems. Just explain your transportation issues clearly.
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Ethan Wilson
•That's very helpful - thank you! The denial letter says I was terminated for rule violations, but honestly the rules were never clearly explained and everyone did the same thing I did. I have texts from coworkers that might help prove this. Would those be good to bring?
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Yuki Sato
To answer your follow-up question - I got my decision in about 2 weeks. I've heard others get theirs faster, but I think it depends on the Referee's caseload. I did bring a former coworker as a witness who could verify my version of events. If you have anyone who can corroborate your story, it can be very helpful. Just make sure they're willing to answer questions from both the Referee and potentially your employer. One more tip: Practice explaining your case briefly beforehand. You usually only get 5-10 minutes to present your side, so being organized helps tremendously.
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Mei Liu
•i waited over a MONTH for my decision and then had to call 50 times to even find out what happened. typical PA bureaucracy bs
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Zoe Alexopoulos
Hey, I just went through this exact situation with a Hermitage Referee last month! Regarding your question about texts from coworkers - YES bring those! The Referee accepted my text messages as evidence after I explained they were relevant to my case. Just make sure you bring several copies of everything (one for you, one for the Referee, one for employer). And yes, to confirm what others said, the hearing is private. Mine was in a small office with just me, my former supervisor, the company HR rep, and the Referee. Also prepare for your employer to possibly say things that aren't true or are exaggerated. Stay calm and polite even if this happens. I lost my cool a bit and I think it hurt my case.
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Ethan Wilson
•That's exactly what I'm worried about - them saying things that aren't accurate. I'll definitely bring multiple copies of everything. Did your employer bring any witnesses or just the supervisor and HR?
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Andre Dubois
If you decide to do a phone hearing, make sure you're in a quiet place with good reception and your phone fully charged. I've seen hearings get complicated when people are in noisy places or their phone keeps cutting out. Also, remember that you can submit documents ahead of time for a phone hearing - you don't have to physically bring them. The notice will explain how to submit evidence beforehand.
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Ethan Wilson
•Thank you for this advice! If I do go with a phone hearing, I'll definitely find a quiet place and make sure to submit everything ahead of time.
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Zoe Alexopoulos
In my case, it was just my supervisor and the HR person. They didn't bring separate witnesses. But every case is different - depends on what the issue is and who has relevant information. The hearing notice should say who's expected to participate. One thing that really helped me was taking notes during my employer's testimony so I could address specific points when it was my turn to respond. Good luck with everything!
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