PA UC denied after employer reduced pay from $17 to $10/hr - referee ruled voluntary quit despite clear wage reduction
I'm feeling lost after my appeal hearing yesterday. My former employer cut my hourly rate from $17 to $10 with no warning (a 41% reduction!) after I'd been there for 5 weeks. When I mentioned I couldn't accept such a drastic pay cut and showed proof my previous similar job paid $18/hr, they told me I could leave - which I had to because I literally can't pay rent on $10/hr. During the referee hearing, I explained everything clearly and respectfully, even had my previous paystubs as evidence. I'm shocked the referee ruled I "voluntarily quit" and denied my benefits! The decision notice only mentioned the employer's side of the story and completely ignored everything I said about the pay reduction. Has anyone successfully appealed a case like this? The decision makes no sense - isn't a massive pay cut considered good cause to leave? I have 15 days to appeal but don't know what to do differently.
22 comments
Monique Byrd
You absolutely need to appeal this decision! PA UC law specifically states that a substantial reduction in pay (and 41% definitely qualifies) is considered good cause for leaving employment. It sounds like the referee completely disregarded your evidence about the pay reduction. In your appeal, specifically cite section 402(b) of the PA UC Law which covers voluntary leaving with good cause. Make sure to emphasize that the wage reduction was the ONLY reason you left, not job performance or any other factor. Also, submit your previous job's pay stubs again as evidence of the prevailing wage in your field. The Board of Review often overturns referee decisions in cases like yours where there's clear evidence of a substantial pay reduction.
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Alejandro Castro
•Thank you so much! I wasn't sure if I should bother appealing since the referee seemed to completely ignore my evidence. Do I need to get a lawyer for the Board of Review appeal? And do I need to attend another hearing or is it just reviewing the documents?
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Jackie Martinez
ooof this happened to me but mine was only reduced by like $3 an hour and i still won my case! something seems fishy with your hearing. did u have anyone representing you or just went by yourself?
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Alejandro Castro
•I went by myself. The referee kept interrupting me and seemed to only be interested in what the employer was saying. I'm starting to wonder if I should have had someone with me.
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Lia Quinn
When you file your appeal to the Board of Review, make sure to specifically state that the referee disregarded your evidence about the substantial wage reduction. According to PA UC regulations, a pay cut of more than 20% is almost always considered good cause for quitting. Write out a clear timeline showing: 1) Your original pay rate of $17, 2) The employer's demand to reduce to $10, 3) Your refusal based on the drastic cut, and 4) The employer telling you to leave. Emphasize that you didn't choose to leave - you were essentially forced out by a pay cut that no reasonable person would accept. I've seen the Board overturn similar cases when the facts are presented clearly.
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Haley Stokes
•This!! The board of review looks at the facts differntly sometimes. I had a referee rule against me saying i didnt look for work proper but the board said the referee was wrong! Appeal appeal appeal!!!
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Asher Levin
I've been through the UC appeals process twice and both times it was incredibly frustrating. The system seems rigged to favor employers. When I had my hearing, the referee barely let me talk and kept cutting me off. Then the decision completely ignored all my evidence too. I ended up having to call UC about 73 times before finally getting through to ask what to do. If you're having trouble reaching PA UC to discuss your appeal options, I recently discovered a service called Claimyr that actually gets you through to an agent without the endless busy signals. I used their website claimyr.com and watched their demo at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 before trying it. Got connected to UC in about 20 minutes instead of days of frustration. The agent I spoke with gave me specific advice on how to word my appeal for the Board of Review.
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Alejandro Castro
•Thanks for the tip about Claimyr - I've been trying to call UC for two days with no luck. I'll check it out because I really need to talk to someone about how to properly word this appeal before my 15 days are up.
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Serene Snow
THE SYSTEM IS BROKEN!!!!!! I had almost the EXACT same situation happen last year. Employer cut my pay by 30% after 3 months, I said no way, they said leave then. Referee claimed I "abandoned my job" which is TOTAL BS!!! I appealed to the board and STILL LOST even with all my evidence!!!! These hearings are just for show, they ALWAYS side with employers who don't want their UC tax rates to go up. It's disgusting how they treat workers in this state.
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Issac Nightingale
•same, i lost my appeal too. but my situation was different, i quit cuz of scheduling issues not pay cuts. but ya the whole system seems rigged
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Monique Byrd
One more important thing - make sure you continue filing your weekly claims while your appeal is pending! If you win the appeal, they can only pay you for weeks you properly certified for. Many people stop filing during appeals and lose months of potential benefits. Also, gather any additional documentation that shows the unreasonableness of the pay cut - industry salary standards, cost of living information for your area, documentation of your expenses that couldn't be met with the reduced pay, etc. The more evidence you have that no reasonable person would accept such a reduction, the stronger your case.
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Alejandro Castro
•Thank you for reminding me about continuing to file weekly claims! I almost stopped because I was so discouraged. I'll definitely keep filing and gather more documentation about standard wages in my industry.
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Haley Stokes
hey just curious what kind of job was it? cuz some industries that can happen alot where they hire u at one rate then try to drop it down after training
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Alejandro Castro
•It was a warehouse position at a fulfillment center. They never mentioned anything about the $17 being a "training rate" when I was hired - that only came up after 5 weeks when they suddenly said my performance wasn't good enough for $17. But they didn't fire me for performance, they just tried to slash my pay by almost half!
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Lia Quinn
After reading about your specific situation, I believe you have an excellent case for the Board of Review. The key will be documenting that this was a bait-and-switch tactic by the employer, not a performance-based decision. If they truly felt your performance warranted termination, they would have fired you rather than offering continued employment at a reduced rate. This strongly suggests they were simply trying to reduce labor costs by hiring at one rate and then attempting to lower it after the employee was already invested in the position. Make sure you emphasize this point in your appeal - that the employer's own actions contradict their claim that this was performance-related.
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Alejandro Castro
•That's a really good point I hadn't thought about! If it was truly about my performance, they would have just fired me instead of offering to keep me at $10/hr. I'll definitely emphasize this in my appeal letter. Thank you for helping me see this more clearly.
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Jackie Martinez
u should try to get a free consultation with legal aid maybe? they sometimes help with unemployment stuff for free if u qualify
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Monique Byrd
•This is excellent advice. Pennsylvania Legal Aid offers free assistance with unemployment appeals for qualifying individuals. You can contact them through PALegalAid.net to see if you qualify. They can help frame your appeal properly and may even provide representation at no cost.
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Issac Nightingale
i think u can win ur case but unemployment system is weird sometimes. my cousin had something similar happen and she won her appeal but then had to do ANOTHER hearing after that? make sure you keep all your paperwork organized
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Alejandro Castro
•Thank you! I'm keeping everything in a folder now. Do you know how long the appeal to the Board of Review typically takes?
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Monique Byrd
To answer your question about timing - the Board of Review typically takes 4-8 weeks to make a decision, though it can sometimes take longer during busy periods. The good news is that the Board reviews the entire case fresh - they listen to the recording of your referee hearing and review all evidence. In my experience helping claimants with appeals, the Board is often more thorough than individual referees and more likely to properly apply the legal standards regarding good cause for voluntary quits. Just be sure to file your appeal within the 15-day deadline, continue certifying weekly, and gather any additional supporting documentation you can.
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Asher Levin
•And if you lose at the Board level, don't give up! You can still appeal to the Commonwealth Court, though at that point you might really want legal representation. I've seen cases where people finally won at the court level after being denied twice before.
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