PA UC denied after wrongful termination for false aggression claim - appealing misconduct decision
I'm in complete shock right now. I was just fired after 3 years at my accounting firm over a completely fabricated aggression claim and PA UC denied my benefits for misconduct! A coworker claimed I was aggressive with her during a morning discussion about quarterly reports. The conversation happened around 8:15am, I worked MY ENTIRE SHIFT afterward (nobody said a word), then at 5pm HR called me in and told me to pack up while they 'investigated.' They emailed asking for my statement and I specifically told them to talk to Mark who was standing right there and saw the whole interaction was normal and professional. They NEVER interviewed him! The next day they terminated me claiming 'workplace hostility' despite having security cameras that would have shown I wasn't aggressive at all (they refused to review the footage with me). I applied for unemployment and just got denied for 'willful misconduct.' Has anyone successfully appealed a case like this where your employer just takes another employee's word with zero evidence? What documentation should I bring to the appeal hearing? I'm a single mom and can't afford to go without income while fighting this bogus claim.
20 comments


Natasha Kuznetsova
I've been through the PA UC appeal process for a similar situation and won. Make sure you request a copy of your employee file immediately - they have to provide it. Also, in your appeal letter specifically mention that they: 1) allowed you to work your entire shift after the alleged incident, 2) failed to interview a key witness you identified, and 3) have video evidence they refused to review. The burden of proof is on THEM to prove misconduct, not on you to disprove it. Those three points show they didn't have serious concerns about 'workplace safety' which undermines their case.
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Oliver Schulz
•Thank you so much for this! I didn't even think about requesting my employee file. Do I have to go in person to get it or can I email HR? And should I specifically ask for any documentation related to this incident? I'm worried they'll withhold things.
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AstroAdventurer
omg this happpened to me last yr!! coworker said i was threatening her when i just asked her to stop taking my lunch from fridge! company fired me next day, no investigation. got denied UC too but i appealed and WON!! referee said employer needs actual EVIDENCE of misconduct not just somebodys word. but my hearing was awful waited like 7 weeks to get a date
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Oliver Schulz
•That's so good to hear you won your appeal! Did you have a lawyer or did you represent yourself? And what kind of evidence did you present at the hearing? I'm making a list of what to bring.
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AstroAdventurer
•no lawyer did it myself!! brought 1) performance reviews showing no prior issues 2) texts with other coworkers about the incident 3) company handbook showing they didnt follow there own discipline process for termination. the referee was actually super fair just asked alot of questions to both sides
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Javier Mendoza
As a former PA UC referee, I can tell you this type of case is winnable if prepared properly. The employer must provide substantial evidence that you engaged in willful misconduct, which is defined as an intentional disregard of the employer's interests. A single uncorroborated allegation typically doesn't meet this standard, especially when: 1. You have 3 years of employment with (presumably) no prior incidents 2. They allowed you to complete your shift after the alleged incident 3. They failed to interview a witness you specifically identified 4. They have video evidence they didn't review In your appeal hearing, focus on these procedural failings. The referee will be very interested in why they didn't interview your witness or check the cameras. Request any written statements and your complete personnel file ASAP.
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Oliver Schulz
•This is incredibly helpful! Do I need to subpoena the witness or can I just mention in the hearing that they never interviewed him? Also, should I request the security footage as evidence?
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Javier Mendoza
•You can request subpoenas for both the witness and the security footage through the UC appeals office. Submit the request in writing at least 2 weeks before your hearing. Be specific about what you're requesting ("Security footage from X area between 8:00-8:30am on [date]"). If they deny your subpoena request, make sure to object to this during the hearing and get it on record. Also, send a formal written request to your employer for all evidence they plan to present at the hearing - they're required to share this with you.
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Emma Wilson
THE SYSTEM IS RIGGED AGAINST US!!! Companies ALWAYS get away with this garbage. My boss HATED me and made up a customer complaint story to fire me. UC AUTOMATICALLY sides with employers at first - they EXPECT most people won't appeal. I appealed and still lost because the company brought their lawyer and I couldn't afford one. THREE MONTHS with no income because of their lies!!!
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Oliver Schulz
•I'm so sorry that happened to you! I'm definitely worried about going up against their HR team without a lawyer, but I can't afford one right now. Did you represent yourself at the hearing?
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Emma Wilson
•Yeah I did it myself and it was TERRIBLE. If you can get legal aid DO IT. They asked questions I wasn't prepared for and twisted everything I said. Try contacting PA Legal Aid - they sometimes help with UC cases. The whole system is designed to intimidate people into giving up!!!
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Malik Davis
I tried for WEEKS to get through to someone at PA UC to discuss my similar situation where I was denied benefits after termination for alleged misconduct. Always busy signals or waiting for hours only to get disconnected. I finally used Claimyr (claimyr.com) and got connected to an actual UC agent within 20 minutes! There's a video demo at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 that shows how it works. The agent was able to give me specific advice on what documentation to submit for my appeal. Best decision I made during that stressful time. I won my appeal and got full backpay.
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Isabella Santos
•does it actually work tho? sounds like those scammy "skip the line" services that take ur money and do nothing. i tried calling PA unemployment like 50 times last month and NEVER got thru
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Malik Davis
•It really did work for me - I was skeptical too! Had been trying for almost 3 weeks to get through with no luck. Got connected in about 15-20 minutes. The agent walked me through exactly what evidence I needed for my appeal hearing and even helped me understand how to respond to certain questions. Made a huge difference in my case.
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Ravi Gupta
Lots of good advice here but nobody mentioned filing for reconsideration before your appeal! As soon as you get your denial letter, you have 15 days to file for reconsideration. Write a detailed explanation addressing why the "misconduct" claim is wrong, attach your witness's information, mention the security footage, and highlight your clean 3-year work history. Sometimes they'll reverse the decision without even needing a hearing. If reconsideration fails, your appeal is still active.
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Oliver Schulz
•Thank you!! I didn't know about the reconsideration option. My denial letter came yesterday so I still have time. That would be amazing if I could get this resolved without waiting for an appeal hearing.
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Isabella Santos
ur supposed to keep filing weekly claims even while waiting for appeal decision!!! my cousin didnt know this and lost 6 weeks of backpay when she won her appeal!!! they only pay u for weeks u actually filed claims for
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Oliver Schulz
•Oh wow I had no idea! Thank you so much for mentioning this! I probably would have stopped filing since they denied me. Going to make sure I keep doing my weekly certifications.
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Natasha Kuznetsova
One more important tip: When you go to your appeal hearing, bring a timeline of events written out clearly. Include: - Your clean work history (performance reviews if you have them) - Exact time of the alleged incident (8:15am) - Normal work activities you completed after the incident (shows they had no immediate safety concerns) - Time you were called to HR (5pm) - When you recommended the witness (in your email statement) - Date of termination Referees handle multiple cases every day and appreciate clear, organized information. Also, Pennsylvania is a two-party consent state for recordings, so don't secretly record any conversations with your employer or the witness as that could hurt your case.
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Oliver Schulz
•The timeline is a great idea. I was actually called into HR at 4:45pm and they walked me out at 5:15pm, so I'll make sure to be precise with all the times. Would it help to bring my previous performance reviews? I have copies of my last two and they were both excellent.
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