PA UC approved claim after COVID termination - employer appealing - can I use text messages as evidence?

YES - absolutely use those text messages as evidence! I went through an appeal hearing last summer and text messages were accepted as evidence. Make sure you have screenshots of the full conversation with timestamps visible. You should also bring the termination letter that mentions attendance, your positive COVID test result, and the UC approval notice that mentioned the termination being improper. PA law protects workers from being fired due to illness, especially something like COVID. Print multiple copies of everything - one for yourself, one for the referee, and one for your employer.

omg this is exactly wut happened to my cousin!!! her boss fired her when she got sick (not covid but still) and then tried to say it was cuz she was always late but she had the texts too!!! make sure u have EVERYTHING printed out and like bring copies for everyone. also write down all the dates when u were sick and when u told him and when he fired u so u dont get confused when they ask u questions

I've represented clients in several UC appeal hearings, and text messages are definitely admissible evidence. Here's what you need to do: 1. Print all text messages in chronological order with date and time stamps visible 2. Bring 3 copies of everything (for you, the referee, and your employer) 3. Organize your evidence logically - start with your COVID test, then the texts informing your employer, any responses, your termination letter, and finally the UC approval 4. Practice explaining your case calmly and clearly - stick to facts, not emotions 5. When the referee asks if you have evidence to submit, clearly state what each item is and how it supports your case The fact that UC initially approved your claim citing the termination as "improper" is very significant. Your employer has the burden of proving misconduct, and a termination for being sick with COVID will be very difficult for them to justify.

You're right to be concerned about that. PA UC does prefer evidence to be submitted in advance, especially for phone/virtual hearings. For in-person hearings, you can bring physical evidence, but it's still best practice to submit beforehand. Here's what to do: 1. Call the Appeals office at the number on your hearing notice 2. Ask for instructions on submitting evidence in advance 3. They'll usually provide a fax number or email address where you can send your evidence 4. Make sure you include your appeal/docket number on every page 5. Keep proof of submission (fax confirmation or email delivery receipt) Even after submitting in advance, still bring physical copies to the hearing. The referee may not have printed your submitted evidence.

PA UC is ALWAYS on the employers side!!!! I had all the proof in the world and still lost my appeal hearing because the employer made up a bunch of lies. The system is RIGGED against workers. Good luck but don't get your hopes up. They'll find some technicality to deny you even with your evidence.

If you're having trouble getting through to anyone at UC about your appeal, you might want to try Claimyr. I was in a similar situation with an appeal hearing coming up and couldn't get answers about the evidence submission process. Claimyr got me connected to a UC rep in under an hour when I'd been trying for days. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 and their website is claimyr.com. It was worth it to actually talk to someone who could explain exactly what I needed to do with my evidence.

my hearng was over the phone and the lady (referee i think) was actually super nice!!! i was nervous 2 but she just asked me to explain what happened in my own words and then asked some followup questions. not like a court or anything scary. just be honest!!!! she'll probably ask ur employer the same questions and if they lie and u have proof thats when u bring up the texts

i had to fax my stuff before the hearing cuz it was on the phone!!! i went to office depot to fax it lol. but then the referee was like "i have the text messages you sent showing you reported your illness" so i knew she had looked at them!

One more important thing - when you're in the hearing, only answer exactly what the referee asks. Don't volunteer extra information or go off on tangents about how unfair your employer was. The referee only cares about facts related to the case, not emotions. And if your employer says something untrue, wait until the referee asks if you have a response before speaking. Interrupting looks bad.

make sure u clearly explain at the hearing that u were fired for having covid not for attendance!!! being sick with covid isnt attendance issue its a medical issue and they cant fire u for that in PA!!!! my friend won her case in like 10 minutes once the referee saw the covid test and that she was fired right after

The key to your case is the timing. COVID-19 is considered a legitimate medical reason for absence, and terminating someone for a COVID-related absence can constitute wrongful termination under both Pennsylvania law and federal protections. The fact that your termination came just 2 days after notifying your employer creates a strong presumption of causation. Be prepared for your employer to potentially claim there were other attendance issues before your COVID diagnosis. If possible, gather any evidence of your good attendance record prior to your COVID diagnosis. Also, check if your company had a written COVID policy during your employment - if they didn't follow their own policy, that strengthens your case.

Absolutely bring the COVID policy! That's critical evidence. However, I would be cautious about relying on coworker testimony unless absolutely necessary. The referee would need to approve additional witnesses, and it complicates the hearing. Your documentary evidence (COVID test, texts, termination letter, and company policy) should be sufficient. One more thing - be prepared to answer questions about whether you sought any accommodation before termination. For example, did you ask about using sick time, working remotely during isolation, or taking unpaid leave? The referee may ask about this to establish whether reasonable alternatives to termination existed.