PA UC appeal scheduled after being fired for WFH - employer claiming rule violation

I went through an appeal last year for a similar situation - different reason but same 'selective enforcement' issue. First, you should gather ANY evidence showing the inconsistent treatment: emails about your coworker's WFH approval, company policy documents, any written communication about your own situation. The referee will ask both sides questions, but having documentation is KEY. During my hearing, I had screenshots of other employees doing the same thing I was fired for. You don't necessarily need a lawyer, but it definitely helps to be prepared. Write down a timeline of events and practice explaining your side clearly and calmly. Remember that the burden of proof is on the employer to show you committed willful misconduct.

omg the same exact thing happend to my boyfriends sister!! she got fired for taking a 40 min lunch when everyone else took like an hour and they fired just her. she won her appeal tho. just show up early and dress nice!

Appeal hearings in PA can be intimidating but are quite straightforward. Here's what will happen: 1. The referee will explain the process and swear everyone in 2. Your employer will present their case first (since they're appealing) 3. You'll get to cross-examine them and their witnesses 4. Then you'll present your case 5. They'll get to cross-examine you The key to your case is proving that the rule was either: a) Not uniformly enforced (your strongest argument based on coworker treatment) b) Not clear or consistently communicated c) You had good cause to violate it Bring printed copies of ANY evidence showing different treatment of employees. Email trails, text messages, written policies, attendance records - anything relevant. If your coworker is willing to provide a written statement, that would be extremely helpful. I'd also recommend requesting a copy of your employer's evidence packet before the hearing. You have a right to see what they'll present.

ive been thru 3 of these stupid hearings. the whole system is RIGGED against workers. the referee will pretend to be fair but they ALWAYS side with employers who have lawyers. good luck but dont get your hopes up. PA UC is a total joke. took me 7 MONTHS to get benefits i deserved!!!!

Are you able to get a statement from your coworker about her WFH situation that day? That would be really strong evidence if she's willing to provide it. Also check if you have any emails or messages showing you notified someone about working from home that day.

Have you been trying to call the UC service center to get advice on preparing for your appeal? I spent THREE WEEKS trying to reach someone before my appeal last year - constant busy signals and disconnections. I finally used a service called Claimyr (claimyr.com) that got me connected to a PA UC agent in under an hour. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 The agent walked me through exactly what documentation I needed for my hearing and it made a huge difference. Worth checking out since you really want to be prepared for this.

@OP - To answer your question about requesting evidence: Call the UC Service Center and ask for the referee's office handling your case. You can formally request that they require your employer to provide their evidence before the hearing. Do this ASAP as there are timeframes involved. Also, regarding your coworker - even if she can't testify, see if she'd be willing to write a simple statement saying "I worked from home on [date]" that you could submit. Even that limited statement supports your case about inconsistent treatment.

For PA UC appeals related to work rule violations, the employer must prove three things: 1. The rule existed and was reasonable 2. You were aware of the rule 3. You willfully violated the rule If they can't prove ALL THREE, you should win. The selective enforcement (treating your coworker differently) undermines their case on point #1 - a rule that's only enforced against certain employees isn't reasonable. Also, I'd suggest writing down a brief opening statement (2-3 minutes) and a timeline of events. Referees appreciate organization and clarity. Stay focused on the facts rather than emotions or opinions about fairness.

One thing to prepare for: the employer might bring up previous incidents or try to make it seem like there's a pattern of behavior. Stick to the facts of THIS incident. If they start bringing up unrelated issues, politely remind the referee that those weren't part of the stated reason for termination. I've seen employers try this tactic many times in these hearings. Also, take detailed notes during the employer's testimony so you can point out any inconsistencies during your testimony or cross-examination. If they say something that contradicts their written policies or previous statements, point it out respectfully.

dont forget to update us after ur hearing! im curious what happens!!