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

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.

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

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.

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?????

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.

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.

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!

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 $$

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.

good luck my dude. let us know how it goes

Just wanted to add that timing can be really important for your appeal. Since your hearing is March 14th, make sure you submit all your documentation well before the deadline - don't wait until the last minute! Also, practice explaining your situation clearly and concisely beforehand. The referee will appreciate if you can walk through each absence chronologically and explain why it was beyond your control. One thing that helped me was making a simple timeline chart with dates, reasons for absence, and what documentation I had for each incident. It kept me organized during the hearing and showed I was taking it seriously. You've got legitimate reasons for most of your absences, so stay confident and stick to the facts. Rooting for you!

I went through a very similar situation about 6 months ago - also hit my company's point limit due to a combination of legitimate medical issues and car troubles. Here's what really helped me win my appeal: 1. **Document EVERYTHING chronologically** - I created a spreadsheet with each absence date, reason, points assigned, and what proof I had. This helped me stay organized during questioning. 2. **Emphasize the involuntary nature** - The key is showing these weren't choices but unavoidable circumstances. Your flu with doctor's notes and ER visit are your strongest evidence. 3. **Highlight your good faith efforts** - Make sure to mention that you always followed proper call-off procedures and gave advance notice when possible. 4. **Bring your work history** - Your 2 years of good attendance before these issues shows this was an anomaly, not a pattern of misconduct. The referee in my case specifically said that while I technically violated policy, the circumstances were beyond my control and didn't constitute willful misconduct. Your situation sounds even stronger than mine was since you have medical documentation for several incidents. One practical tip: If your hearing is by phone, have all your documents organized in front of you so you can reference specific dates and details quickly. Good luck - you've got this!

I'm in a very similar situation right now - got terminated for hitting 15 points at my retail job, mostly due to childcare issues and a bout with COVID. My appeal hearing is next week and reading through everyone's advice here has been incredibly helpful! One thing I wanted to add that my friend who works in HR mentioned: make sure you're familiar with Pennsylvania's specific unemployment law regarding "willful misconduct." The PA statute requires that misconduct be both deliberate AND contrary to the employer's interests. Simply violating a policy isn't enough if the violations were due to circumstances beyond your control. Also, if your company has any exceptions written into their attendance policy (like medical accommodations or emergency situations), definitely point those out if they didn't properly apply them to your case. Sometimes employers don't follow their own policies consistently. You've got really strong documentation with the medical records and car repair bills. The fact that you followed proper call-off procedures and had good attendance for 2 years before this streak of bad luck really strengthens your case. Stay calm, stick to the facts, and remember that the burden is on them to prove willful misconduct - not on you to prove innocence. You've got this!

Hey Omar, I've been through this exact situation and won my appeal! The most important thing to remember is that PA unemployment law distinguishes between violating company policy and "willful misconduct." Since your absences were due to legitimate emergencies (car trouble, sick child, your own illness with doctor's notes), you have a really strong case. Here's what made the difference in my hearing: **Before the hearing:** - Submit ALL your documentation at least 5 days early (doctor's notes, ER paperwork, car repair bills, any texts to your supervisor) - Make a timeline of each absence with the reason and supporting documentation - Print your company's attendance policy to show you understand it - Gather any positive performance reviews or evidence of your good work history **During the hearing:** - Stay calm and factual - don't get emotional even if the employer's rep tries to twist things - Emphasize that you always followed proper call-off procedures - Highlight your 2 years of good attendance before these issues - Explain that you had no PTO left from your mom's hospitalization The referee will look at whether your actions were deliberate violations or unavoidable circumstances. Your situation sounds much stronger than mine was - you have medical documentation AND you followed procedures. The key is proving these weren't choices but emergencies beyond your control. You've got this! The system does work when you have legitimate reasons and proper documentation.

I just went through this exact same situation about 8 months ago and WON my appeal! Got fired for hitting 10 points at a manufacturing job - most of my points were from my daughter being sick, a car accident, and getting the flu myself. The biggest thing that helped me was organizing EVERYTHING beforehand. I made a simple table with columns for: Date | Reason for Absence | Points Given | Documentation I Had. This kept me super organized during the hearing and showed I was taking it seriously. A few key things that made the difference: - I brought doctor's notes for every medical absence (yours sound solid with the flu and ER visit) - For non-medical stuff like car trouble, I had repair receipts and the texts I sent my supervisor - I emphasized that I ALWAYS called in properly and gave as much notice as possible - I brought my hire date and showed I had great attendance for over a year before these issues The referee asked a lot of questions about whether each absence was "voluntary" or "involuntary." With legitimate medical emergencies and car breakdowns, most of yours sound clearly involuntary. The fact that you followed call-off procedures and had good attendance history before this really helps your case. Don't stress too much - you have way better documentation than a lot of people who still win these appeals. Just stay organized, stick to facts, and remember they have to prove you deliberately violated policy, not that you just technically broke it due to circumstances beyond your control.

I'm going through something very similar right now and this thread has been incredibly helpful! I got terminated last month for exceeding my company's 8-point attendance system, mostly due to childcare emergencies and getting COVID twice this winter. My appeal hearing is in two weeks and I was feeling pretty hopeless until I read all these success stories. A few questions for those who won their appeals: 1. How detailed should I get about each absence? Some of mine are kind of personal (mental health days, family emergencies) 2. Did the referee ask your former employer tough questions too, or did they mainly focus on questioning you? 3. For those who had phone hearings - were you able to reference your documents effectively even though the referee couldn't see them? I'm definitely going to use the timeline/spreadsheet approach that several people mentioned. It's so reassuring to see that having legitimate reasons and following proper procedures really does matter in these cases. Omar, I'll be thinking of you at your March 14th hearing - please update us on how it goes!