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PA UC denial after point system termination - possible to win appeal?

I just got fired from my warehouse job for hitting 12 points in their attendance system (you get points for calling off, being late, etc). They've denied my unemployment claim saying I was fired due to 'willful misconduct.' But here's the thing - most of my points were from legitimate issues like my car breaking down twice, having to take my kid to the ER, and a few days when I had the flu (with doctor notes). I know I technically violated their policy but I didn't do it on purpose! Has anyone successfully appealed a denial when they were fired for exceeding points? Any tips for what documentation I should bring to my appeal hearing? My hearing is scheduled for March 14, 2025 and I'm really stressed about it.

Chloe Martin

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You absolutely CAN win an appeal in this situation. I was in almost the identical position last year. The key is proving your absences were for good cause and beyond your control. For your appeal: 1. Bring ALL documentation of why you missed work (doctor notes, car repair bills, ER visit paperwork) 2. Print out the employer's attendance policy if you have it 3. Bring any written warnings they gave you 4. Be prepared to explain each absence and why it wasn't your fault The referee will look at whether your actions were deliberate violations or if you had good reasons. In PA, they understand reasonable absences happen. Since your points were mostly from legitimate issues rather than just not showing up, you have a strong case. Just be organized and calm during the hearing.

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Omar Fawaz

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Thank you so much! This gives me hope. I have doctor's notes for the flu and the ER visit, but I don't have anything for the car breakdowns except maybe some texts I sent my supervisor? Would it help to bring witnesses who saw my car problems?

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Diego Rojas

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idk man ive seen ppl get denied for less. the point system is usually pretty cut and dry. if u knew the rules and broke them they might not care why

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EXACTLY! My company had a 10 point system and I got SCREWED even though I had documentation for everything. The UC referee didn't care AT ALL about my reasons - just said I violated company policy that I agreed to when hired. The whole system is RIGGED against workers!!! They don't want to pay benefits so they look for ANY reason to deny you. Good luck but don't get your hopes up.

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StarSeeker

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I successfully won my appeal after being terminated under a point system at a call center. The key distinction the referee made in my case was whether the absences that led to points were instances of "willful misconduct" or unavoidable situations. For your appeal, focus on: 1. Medical documentation is strongest - bring everything from the flu and ER visit 2. For the car breakdowns, bring repair invoices and any texts/emails to your supervisor reporting the issues 3. Review your employer's handbook - sometimes there are exceptions to the point system they didn't apply 4. If you received any positive performance reviews, bring those as well The Pennsylvania UC system generally recognizes that legitimate illness and emergencies don't constitute willful misconduct, even if they violated company policy. The referee will look at each incident individually. If you're struggling to reach a PA UC representative to ask questions before your hearing, I discovered a service called Claimyr (claimyr.com) that got me through to an agent within 20 minutes after I spent days getting busy signals. They have a video demo at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 that shows how it works. It really helped me prepare for my hearing.

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Omar Fawaz

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Thank you for such detailed advice! I'll definitely gather all my documentation. I do have the repair invoices for my car, thank goodness. I'll check out that Claimyr service too - I've been trying to reach someone for days with questions about what exactly I need to bring to the hearing.

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Sean O'Donnell

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Wait is your hearing in person or over the phone?? Mine was over the phone and I didn't get to show any of my documents!! They just asked me questions and I had to explain everything verbally. Maybe that's why I lost my appeal?????

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Chloe Martin

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For any UC hearing (phone or in-person), you need to submit your documents beforehand. There should be instructions on your hearing notice about how to submit evidence. Usually you need to send copies to both the referee office AND your former employer at least 5 days before the hearing. If you didn't do this, that could definitely be why you lost.

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Zara Ahmed

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my sister went thru this last yr. she won her appeal because she proved most of her absences were for medical reasons. the key is you need to show you tried to follow company policy like calling in advance when u knew ud be absent. did u do that? also in pa they look at if u had warnings before getting fired. if they didnt warn u that ur job was in danger that helps ur case.

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Omar Fawaz

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Yes, I always called ahead and followed the call-off procedure! And I did receive warnings - they send automatic emails when you hit 3, 6, and 9 points. But I was never brought in for a formal discussion about it. I wonder if that helps my case?

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Luca Esposito

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I had a very similar situation at my last job except it wasn't attendance but safety violations. Anyway one thing nobody mentioned is your work history BEFORE these points started adding up. The referee in my case specifically asked how long I had worked there without problems before the issues started. If you had a good record before this recent streak of bad luck that will help you alot. Bring paystubs showing how long you worked there if you can.

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Omar Fawaz

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That's a really good point. I worked there for almost 2 years with perfect attendance before all these issues happened in the last 3 months. I'll definitely mention that and bring my performance reviews which were all positive.

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Remember that your ex-employer WILL have a representative at the hearing (usually someone from HR) who will bring all their documentation and try to prove you committed willful misconduct. They'll have the points system policy, your signed acknowledgment of it, and records of each absence. BE PREPARED for them to twist everything you say! They might even claim you didn't provide documentation at the time or didn't follow proper call-off procedures. DON'T let them get away with lies - stand your ground!

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Omar Fawaz

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Oh wow, I hadn't even thought about them sending someone. Now I'm even more nervous. I'll make sure to have everything organized and be ready to defend myself.

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Sean O'Donnell

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Does anyone know if having a lawyer helps with these appeals? I'm thinking about getting one for my hearing but not sure if it's worth the $$

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StarSeeker

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You absolutely have the right to have an attorney at a UC hearing, but most people successfully represent themselves. The process is designed to be accessible without legal representation. That said, if your case is particularly complex or involves a large benefit amount, it might be worth consulting with an attorney who specializes in employment law. Some offer free consultations to evaluate your case.

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Chloe Martin

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One more crucial thing to prepare for: During the hearing, the referee will likely ask if you had the ability to avoid reaching the maximum points. For example, if you had personal or vacation days you could have used instead of calling off (which would have prevented getting points), they may consider that evidence that you could have avoided termination. Make sure you're prepared to explain why you couldn't use PTO if that applies to your situation.

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Omar Fawaz

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This is really helpful. I had actually used up all my PTO earlier in the year when my mom was hospitalized. Should I bring documentation of that previous PTO usage to show I didn't have any left when these incidents happened?

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Diego Rojas

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good luck my dude. let us know how it goes

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Omar Fawaz

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Thanks! I'll definitely update after my hearing. Really appreciate all the advice from everyone.

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