PA UC appeal denied for son with ADHD/autism at Amazon - misconduct ruling worth fighting?
My son (who has ADHD and autism) just had his unemployment appeal hearing denied last week, and I'm beyond frustrated with the system. He worked at an Amazon warehouse for about 8 months before the incident. They regularly left him alone at his station where boxes would pile up beyond what one person could handle. The alarms would start going off, and due to his sensory issues, he'd get overwhelmed. After repeatedly asking for help and getting none, he had a meltdown and hit a filing cabinet with his hand. We contacted ADA advocates who gave us contact info for Amazon's accommodation team, but when we tried going through proper channels for accommodations, Amazon never followed through. A month later, when left alone again during a high-volume period, he threw a strap in frustration and hit his head against the wall. They fired him for 'willful misconduct' and now the UC referee sided with Amazon at the appeal hearing! I actually asked during the hearing, 'Don't you think Amazon should have responded to our ADA accommodation requests to figure out why he was getting so frustrated?' They're denying him almost $8,800 in benefits that he should be entitled to. Yes, he's found a better job now (thank goodness), but the principle of this makes me furious. The denial letter says his actions were 'willful misconduct' despite his documented disabilities. We can appeal to the UC Board of Review, but I'm wondering if it's even worth it or if we should just hire an attorney at this point? Has anyone successfully appealed a misconduct ruling with disability factors involved?
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Natalia Stone
I'm an employment attorney and I can tell you that UC appeals involving disability accommodations are complex but winnable. In PA, the UC Board of Review sometimes reverses referee decisions in cases like this. The key is demonstrating that your son's actions were a direct result of his disability and that Amazon failed to provide reasonable accommodations despite being notified. You should absolutely appeal to the Board of Review - you have 15 days from the date on the decision letter. In your appeal, focus on: 1) Documentation of your son's condition, 2) Evidence you requested accommodations, 3) How Amazon's failure to accommodate directly led to the incident. If you decide to hire an attorney, look for someone who specializes in both employment law and disability rights.
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Nolan Carter
•Thank you so much for this detailed response! We definitely have documentation of his diagnosis and the ADA contact info we were given. We also have emails showing we tried to set up accommodation meetings. Do you think it matters that we requested accommodations after the first incident but before the second one? The referee seemed to focus only on the final incident.
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Tasia Synder
amazon is THE WORST!!!! my cousin worked there and they treated him like garbage too. they push people till they break and then act all innocent when someone cant take it anymore. the UC system just takes the employer's side becuz theyre a big company. its so unfair but thats how it works
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Selena Bautista
•Same! My brother lasted 6 weeks there. Those warehouses are basically designed to burn people out.
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Mohamed Anderson
Your son deserves those benefits. I successfully appealed a misconduct case to the UC Board of Review last year after being denied at the referee level. The key was bringing new evidence that wasn't considered during the first hearing. You mentioned your son has documented disabilities - did you submit formal medical documentation during the referee hearing? If not, you can sometimes introduce this evidence at the Board level. Also, it sounds like Amazon failed to engage in the interactive process required by the ADA. That's a crucial point to emphasize. The Board of Review takes a fresh look at the entire case, so it's definitely worth trying before spending money on an attorney.
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Nolan Carter
•We did bring his diagnosis paperwork to the hearing, but the referee seemed more focused on the specific incidents than the disability context. I'm thinking we need to be more explicit about connecting the dots between his disability, the lack of accommodations, and why the incidents happened. Did your appeal take a long time to resolve?
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Ellie Perry
if your son has a new job already why even bother with all this hassle? unemployment is a pain and the appeal process takes forever. might be better to just move on, especially if hes in a better job situation now. sometimes its not worth the stress
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Landon Morgan
•Because it's $8,800 that's rightfully his! Plus, it's about principle and holding employers accountable for ADA violations. If people don't fight these cases, companies just keep doing the same thing to others.
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Landon Morgan
I had a similar situation with my daughter who has anxiety/PTSD. Got fired for 'misconduct' that was actually related to her panic attack. We appealed to the Board of Review and WON after the referee denied us! Definitely worth trying. One thing that really helped: we got her therapist to write a letter specifically connecting her medical condition to the behavior that got her fired. It made a huge difference when the Board reviewed it all. Just make sure to emphasize that his actions were a direct result of his disability and not 'willful' at all.
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Nolan Carter
•That's really encouraging to hear! We have his therapist and could definitely get a letter like that. How long did the Board of Review process take for you? We're trying to decide if we should wait it out or get an attorney involved.
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Teresa Boyd
Has anyone tried calling the PA UC offices directly to discuss complex appeal situations like this? I've been trying for days to reach a human at UC about my own appeal but keep getting busy signals or disconnected. So frustrating when dealing with something this important.
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Natalia Stone
•I've had clients use a service called Claimyr to get through to PA UC agents quickly instead of dealing with busy signals and disconnections. It connects you to an agent much faster than calling directly. Check out claimyr.com and they have a video demo here: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. For appeal situations like this, speaking directly with a knowledgeable UC agent can be really helpful in understanding your options.
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Selena Bautista
wait i'm confused about something - did amazon know about his disabilities before the incidents? cuz that makes a BIG difference for unemployment. if they knew and ignored accommodation requests thats way different than if they didnt know.
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Nolan Carter
•That's a fair question. He disclosed his ADHD/autism during hiring, but we didn't formally request accommodations until after the first incident. We tried to get the accommodation process started between the two incidents, but Amazon never followed through with the meetings. The referee seemed to think that since the formal ADA accommodation wasn't completed, it didn't matter.
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Mohamed Anderson
To answer your earlier question about timing: Board of Review appeals typically take 2-3 months to resolve in PA currently. It's slower than the referee level. One thing I didn't mention earlier - since your son disclosed his condition during hiring, Amazon was aware of his disability even before formal accommodation requests. Under the ADA, once an employer is aware of a disability that could require accommodation, they have some responsibility to engage in the interactive process. The Board of Review will look at whether his behavior was actually misconduct given his known disabilities. If they fired him for disability-related behavior without trying to accommodate, you have a strong case. And yes, definitely get that letter from his therapist!
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Nolan Carter
•Thank you for the timeline info. 2-3 months is a long wait, but the potential benefits make it worth trying. I'll start working on getting that therapist letter right away. We're leaning toward filing the Board appeal ourselves first, and if that doesn't work, then possibly getting an attorney for any further steps.
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Tasia Synder
you should probably report amazon to the EEOC too!!!! what they did is basically discrimination if they knew he had disabilities and didnt help him when it was getting too much. my friend's brother got a settlement from his employer for something similar
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Lourdes Fox
•This!!! The unemployment appeal is just one part of it. Amazon's behavior sounds like it violated multiple laws. Document everything!
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Natalia Stone
Since he has a new job now, one thing to keep in mind: Pennsylvania UC benefits are calculated based on your highest quarterly earnings during the base year. So even though he's employed now, those past earnings at Amazon still matter for his benefit eligibility and amount. That $8,800 is likely based on his earnings there, and he's entitled to those benefits if he was wrongfully terminated. For the appeal to the Board of Review, be very specific about the timeline: when he was hired, when Amazon became aware of his disabilities, when incidents occurred, when accommodation was requested, etc. Timeline clarity helps demonstrate the causal relationship between his disability, Amazon's failure to accommodate, and the incidents that led to termination.
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Nolan Carter
•That's a great point about being specific with the timeline. I'm going to put together a detailed chronology tonight. The referee seemed to get confused about the sequence of events, which probably didn't help our case. And you're right about the benefit calculation - his Amazon wages were higher than his current job, which is why the benefit amount is so significant.
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