PA UC appeal filed by employer after benefits approved - disability/attendance points termination

You need to prepare carefully for this hearing. The employer is likely appealing because they feel they had legitimate cause to terminate you (the points system). At the hearing, be prepared to:\n\n1. Explain your medical condition and how it affected your attendance\n2. Show all doctor's notes - print them from your portal before the hearing\n3. Detail the meetings you had requesting accommodation\n4. Explain why you believe their point system was unfairly applied in your case\n\nPA unemployment generally sides with workers when medical issues are involved, especially if you have documentation. Make sure to attend the hearing (they're usually by phone now) and speak clearly about your situation.

Thank you! Do you know if I need to bring a lawyer? The hearing notice says I can but I can't really afford one right now. Also, will they make me pay back benefits if my employer wins?

omg i went through almost EXACTLY this last year!!! company fired me for their stupid points system even tho i had lupus flare ups and doctors notes for everything. they'll try to say you violated company policy but that doesnt matter if the policy itself is discriminatory!! make sure you emphasize that you provided medical documentation for ALL absences!!

That's so helpful to hear! Did you win your case? I'm worried because some of my doctor's notes might not explicitly state I couldn't work that day, just that I had an appointment.

I've been through several PA UC appeal hearings (as a union rep). Here's what you need to know:\n\n- Yes, you could potentially have to repay benefits if you lose, but you can set up a payment plan\n- No, you don't need a lawyer, though it can help. Many people successfully represent themselves\n- The burden is on the employer to prove willful misconduct\n- In PA, attendance policies that don't make exceptions for medical issues can be found unreasonable\n\nKey to your case: Did you inform them of your condition BEFORE the absences? Did you formally request accommodation? Did they deny accommodation in writing?\n\nPrint ALL documentation. Request your personnel file from HR immediately - PA law gives you the right to access it. This might contain notes from those meetings you mentioned.

This is incredibly helpful! Yes, I informed them of my condition before most of the absences. I did formally request ADA accommodation through their HR portal, and they denied it saying my condition didn't qualify. I didn't know I could request my personnel file - I'll do that right away.

there gonna try to say u broke company policy but if u got doctors notes ur probably fine. i got fired for points too but didnt have notes so i lost. the judge asked me about each absence 1 by 1 so remember all ur dates!!

This is actually not entirely accurate. Having doctor's notes doesn't automatically protect you - PA is an at-will employment state. What matters is whether the employer's attendance policy is reasonable and consistently applied. But you're right that the judge will go through each absence individually.

I HATE these corporate point systems!!! They're DESIGNED to push out people with health issues!!! This is EXACTLY why we need stronger worker protections in PA!!! Companies get away with this garbage all the time and the system is RIGGED against regular people!!!\n\nMy sister went through this exact thing and even though she had cancer treatments, they still counted her points and fired her. She fought and won her unemployment appeal but it took MONTHS while bills piled up. The whole system is broken!!!

I'm so sorry about your sister, that's horrible! I agree these point systems seem designed to punish people with health issues. Did your sister have any advice about the appeals process?

If you're having trouble reaching PA UC to discuss your appeal or ask questions about the process, try using Claimyr (claimyr.com). I was in a similar situation with an employer appeal and couldn't get through to UC for days. Claimyr connected me to an actual PA UC agent in under an hour. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2\n\nTalking to an actual UC rep before my hearing helped me understand exactly what documents I needed and how to present my case. Definitely worth it considering how important this appeal is for your benefits.

does this actually work?? ive been trying to call uc for 2 weeks about something else and cant get thru!!

Yes, it really does. I was skeptical at first but I was desperate after trying for days to get through. The service connected me to a UC rep in about 40 minutes. They just hold your place in line basically.

One more important thing: make sure you bring up the timing of when you were approved for benefits initially. The fact that you were already approved means the initial UC examiner found in your favor. The referee will consider this but isn't bound by it. \n\nAlso, continue filing your weekly claims during the appeal process! Many people make the mistake of stopping their weekly certifications while waiting for an appeal decision. Even if you're fighting the appeal, you must keep filing weekly to preserve your claim.\n\nDuring the hearing, stick to facts and avoid emotional arguments. The referee only cares about whether your actions constitute willful misconduct under PA UC law. Medical issues with documentation typically don't qualify as willful misconduct.

Thank you so much! I didn't realize I needed to keep filing weekly claims during the appeal. I'll definitely keep doing that. Do I need to bring up my specific medical condition during the hearing or is it enough to say I had a documented medical condition?

For your hearing, organize all your documentation chronologically. Create a simple timeline showing:\n1. When your medical condition began\n2. When you notified your employer\n3. Each absence with corresponding doctor's note\n4. Each time you requested accommodation\n5. When you applied for ADA accommodation and when it was denied\n\nBring multiple copies of everything. The referee will appreciate your organization. Also, write down notes about what you want to say so you don't forget important points when you get nervous.\n\nYou mentioned the employer didn't acknowledge your disability - was this in writing anywhere? If so, that document could be extremely valuable.

That's a great idea about the timeline! I'll put that together tonight. Unfortunately, I don't have anything in writing about them not acknowledging my disability - it was all in meetings where they just said the point system applies to everyone equally regardless of reason. But I do have the ADA accommodation denial in my email.

I work in HR (not your company) and can tell you that many employers appeal automatically, then drop it when they realize they don't have a strong case. There's a chance they might not even show up to the hearing. If they don't appear, you automatically win.\n\nBased on what you've described, your employer's point system could potentially violate ADA protections if your condition qualifies as a disability. The fact that they denied your ADA accommodation without (it sounds like) proper interactive process is concerning from an HR perspective.\n\nOne question: when they denied your ADA accommodation, did they explain why your condition didn't qualify? That explanation could be crucial to your case.

They said my condition wasn't severe enough to qualify as a disability under ADA. Their exact words in the email were \

my hearing was on the phone and the call dropped twice it was so annoying lol

THIS!!! The UC phone system is GARBAGE!!! I had a hearing last year and kept getting disconnected too! They need to upgrade their ancient systems if they expect people to actually be able to appeal!!!

btw what happened with me was that i won my appeal but then the company appealed AGAIN to the next level (the board of review i think??). just be prepared that even if you win the first hearing, they might take it further. don't let it stress you out like it did me - i won at that level too eventually.\n\ni was so mad because they dragged it out for like 3 months total! my manager even admitted during the hearing that several other people had gotten exceptions to the point system (which proved they weren't applying it fairly) and i still had to go through all that!

Oh no, I didn't realize they could appeal again if I win! That's stressful. Were you able to keep collecting benefits during that second appeal period?