PA UC appeal hearing timeframe - employer brought lawyer and what if I lose?
Filed my appeal with PA unemployment about 3 weeks ago for being denied benefits. Just had my hearing yesterday and I'm super nervous because my ex-employer showed up with an actual LAWYER! I was totally unprepared and just had my notes. The referee said they'd mail the decision but didn't say when to expect it. Does anyone know how long these decisions usually take after the hearing? Also, if the decision goes against me, can I appeal to the next level? I'm really worried because I need these benefits to pay rent next month.
22 comments
Paolo Marino
Appeal decisions typically take 2-3 weeks after the hearing to be mailed out in PA. And yes, if you lose at the referee level, you can appeal to the UC Board of Review within 15 days of receiving the referee's decision. Many people do this, so don't worry about that part. About the lawyer thing - that's pretty common for employers, especially larger companies. It doesn't automatically mean you'll lose! The referee is supposed to help guide you through the process even if you don't have representation.
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StardustSeeker
•Thank you so much! That helps ease my mind a little. Do you know if the appeal to the Board of Review takes even longer? I'm worried I'll be broke by then if this keeps dragging on...
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Amina Bah
i had my hearing in janurary and the decision came in 8 days... but my freind waited almost a month so its kinda random i think
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StardustSeeker
•That's good to know. I guess I should just keep checking my mailbox. The waiting is killing me!
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Oliver Becker
My employer brought a lawyer too and I STILL WON my case!! They try to intimidate you with that lawyer garbage but the referee only cares about FACTS not fancy legal talk. If you were fired without real misconduct or quit with good cause, you should be fine. And YES you can appeal again if you lose - I had to appeal twice before winning my case. The system is DESIGNED to wear you down so you'll give up!!!
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Natasha Petrova
•This is exactly what happened to me too!! They are trying to scare people away from getting what they deserve. I got denied THREE times before finally getting approved. The system is rigged to make people give up.
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Javier Hernandez
What you're describing is a standard part of the PA UC appeals process. Here's what to expect: 1. Referee decisions typically arrive within 10-14 business days, though it can sometimes take up to 3 weeks. 2. If you receive an unfavorable decision, you have 15 calendar days (not business days) from the mailing date on the decision to file an appeal to the Board of Review. 3. Board of Review appeals take longer - usually 4-6 weeks for a decision. 4. If you lose at the Board level, you can appeal to the Commonwealth Court within 30 days, but at that point you might want to consult with legal aid. Don't worry too much about the employer having legal representation. Referees are used to conducting hearings with unrepresented claimants and will make sure you have a fair opportunity to present your case.
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StardustSeeker
•This is really helpful! I didn't realize there were so many levels of appeal. Do you know if I can still get benefits during the appeal process if I win at the referee level but the employer appeals to the Board?
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Emma Davis
The same thing happened to me when I had my hearing last year. My employer brought a lawyer and I thought I was doomed! Took about 2 weeks to get my decision in the mail. I lost but appealed to the board and then I won! Don't give up! The whole process took like 3 months from start to finish though so prepare financially if you can.
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LunarLegend
•my cousin went thru this exact same thing!! he said the key is to stick with it and keep appealing because most people just give up
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Natasha Petrova
Has anyone tried using Claimyr to reach someone at PA UC about checking the status of an appeal? I was going crazy not knowing what was happening with my appeal, tried calling for DAYS and couldn't get through. Then I used this service called Claimyr (claimyr.com) and they got me connected to an actual person at unemployment in about 20 minutes. There's a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. The agent was able to tell me exactly where my appeal was in the process and when to expect the decision.
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Oliver Becker
•Does that actually WORK? I've been trying to call PA UC for a WEEK and either get busy signals or get disconnected after waiting on hold for an hour! I'm going to check this out because I need to know what's happening with my claim!!
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Paolo Marino
To answer your follow-up question about benefits during appeals - if you win at the referee level and the employer appeals to the Board, you can receive benefits during that appeal period. However, if the Board later reverses the referee's decision, you might have to repay those benefits as an overpayment. It's a bit of a gamble, but many people need the money immediately and choose to accept the benefits while the higher appeal is pending. Just be aware of the potential repayment risk.
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StardustSeeker
•Thank you! That's really good to know. I might have to take that risk because I'm running out of savings. I appreciate all the helpful information!
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Amina Bah
my brother said if u lose u can ask for a reconsideration too before doing the whole next appeal thing, might be faster
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Javier Hernandez
•That's not accurate for PA. Pennsylvania UC doesn't have a formal reconsideration process at the referee level. You would need to file an appeal to the UC Board of Review within 15 days of receiving an unfavorable referee decision. It's important not to miss this deadline waiting for a reconsideration that isn't part of the PA process.
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LunarLegend
hey did u record the hearing?? i heard thats important for if u need to appeal again
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StardustSeeker
•No I didn't! They didn't tell me I could do that. The referee was recording it though. Would that help me if I need to appeal again?
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Emma Davis
Just curious - what was your separation reason? That makes a huge difference in appeal outcomes.
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StardustSeeker
•They said I was terminated for performance issues, but I never received any formal warnings or write-ups. I think they just didn't want to pay unemployment. I had only been there for 7 months.
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Javier Hernandez
Based on your situation (termination for alleged performance issues with no formal documentation), you actually have a decent case. PA unemployment law requires employers to show willful misconduct for a disqualification, and poor performance without warnings typically doesn't meet that standard. The fact that you didn't receive formal warnings works in your favor. To answer your recording question - the referee already makes an official recording of the hearing, and that becomes part of the record if there's a Board appeal. You don't need your own recording, and in fact, some referees don't allow participants to record hearings.
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StardustSeeker
•That's such a relief to hear! I was worried that just because they called it 'performance issues' I would automatically lose. I really appreciate your expertise on this!
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