PA UC denied for cell phone policy violation with no prior warnings - preparing for appeal hearing

You absolutely should appeal this! PA UC considers whether the employee had knowledge of the policy and whether they received warnings. If he had no prior warnings in 19 years, you have a strong case. For the hearing, gather any documentation showing the restructuring explanation, his clean record, employee handbook showing progressive discipline policy, and any performance reviews showing good work history. Many employers try to avoid paying by claiming misconduct, but the burden of proof is on THEM.

omg same thing happened to my cousin last yr. they said he was on his phone 2 much but really they just didnt want to pay unemployment. he won his appeal tho!

The EXACT same thing happened to me!!! Worked at my job for 11 years and they said I violated some random "internet usage policy" that no one ever talked about! Then I found out they were outsourcing my whole department!! They just don't want to pay unemployment. The whole system is RIGGED against workers. I bet they're just laying people off and making up policy violations.

For your hearing, make sure you focus on these key points: 1) No prior warnings in 19 years of employment, 2) The inconsistency between the "restructuring" explanation and the later cell phone policy claim, 3) Your husband's overall performance record, and 4) Whether the policy was consistently enforced for other employees. The referee will specifically look at whether this was "willful misconduct" which requires knowledge of the rule and deliberate violation. Without prior warnings, it's difficult for them to prove willful misconduct. Also, request copies of all documents the employer submitted to UC before your hearing so you're not surprised.

i had a hearing last week for something totally different but the wait to get thru to UC was ridiculous!!! busy signal for 3 days straight trying to ask questions before my hearing. super stressful

To answer your question about witnesses - yes, if the coworker heard the restructuring conversation, they would be a valuable witness. You can have them testify by phone if they can't attend in person. As for lawyers, most people represent themselves successfully in UC hearings. The process is designed to be accessible without an attorney. However, if there's a lot of money at stake (like if your husband had a high salary) or if the case is particularly complex, you might consider a free consultation with a legal aid attorney who specializes in employment law.

when is the hearing? make sure u dont miss it! my brother missed his and it was game over lol

One more important tip: During the hearing, stay calm and stick to the facts. Don't get emotional or make accusations about the employer's motives, even if you believe they're being dishonest. The referee is only interested in the facts of the case as they relate to UC law. Focus on the timeline - 19 years of employment, no warnings, sudden termination with one explanation, then a different explanation on the UC paperwork. Let the inconsistency speak for itself. And yes, to get the employer's documents, call the UC service center and specifically request all documents related to your husband's claim and upcoming hearing. You have a right to see what they've submitted.

To answer the question someone asked me - YES I won my appeal despite losing my cool a bit. The referee saw through their BS about the "internet policy" because they couldn't produce any documentation showing I was ever warned. Your husband has a good case with 19 years and no warnings!!! Just makes sure to ask the employer questions during the hearing like "Can you show documentation of ANY warnings in 19 years?" and "Why did you tell him it was restructuring when you fired him?" Make them explain the contradiction!

my cousin just had all his performance reviews and stuff and showed he never got in trouble before. the judge person was pretty nice actually

I went through something similar last year. The key for me was documenting the inconsistencies in what my employer said. If they told your husband they were restructuring but then claimed a policy violation to UC, that's a huge red flag the referee will notice. In my case, I had my denial overturned and received backpay for all the weeks I was eligible. Make sure your husband keeps filing his weekly claims even while waiting for the appeal hearing - that way if you win, he'll get paid for all those weeks.

Yes, he should absolutely resume filing weekly claims immediately! This is one of the most common mistakes people make. Even when denied, you should continue filing your weekly claims while appealing. If you win your appeal, you can only be paid for weeks you properly filed for. He may have already lost some weeks of potential benefits, but he should start filing again right away to prevent losing more. In some cases, you can request to file for past weeks by calling UC and explaining that you didn't understand you needed to keep filing, but it's not guaranteed they'll allow it.