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Leslie Parker

PA UC eligibility question - quit two jobs for one better job, then got fired - previous employer appealing

I'm in a weird spot with PA unemployment and need advice. Here's what happened: I was working two part-time jobs (retail and restaurant) making about $2,400/month combined. Found a single full-time office job offering $2,800/month, so I quit both part-time positions to take it. Less than 2 months later, my new employer fired me saying I "wasn't catching on quickly enough" even though they barely trained me. When I filed for UC, the system pulled up one of my previous employers (the retail one) as the chargeable employer. Now they've filed an appeal saying they shouldn't have to pay since I voluntarily quit. I even contacted my old retail manager asking if I could come back, and they said they've already filled the position. Does anyone know how this works with PA UC? Will I still qualify since I was fired from my most recent job, or does the fact that I quit the previous jobs disqualify me?

Sergio Neal

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This is actually a common misconception about how PA UC handles base period employers. Your eligibility is primarily based on why you separated from your MOST RECENT job, not necessarily the base period employers who might be charged. Since you were fired from your most recent job for performance reasons (not misconduct), you should still qualify for benefits. The previous employer can appeal the charging, but that doesn't automatically disqualify you from receiving benefits. Make sure you explain this entire situation clearly at your appeal hearing if it comes to that.

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Leslie Parker

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Thanks for the info! So even though my previous job is trying to appeal, that's about who has to PAY for my benefits, not whether I GET benefits? That makes me feel a little better. Do you think I should bring any specific documentation to the hearing?

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i had something kinda like this happen but opposite way. quit my last job for a better one but the new place never actually hired me after i already quit. unemployment denied me bc i didnt have a garantee in writing from new job. so make sure u can prove u were fired and it wasnt for something bad u did

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Leslie Parker

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Yikes, that's awful! I do have the termination letter and it just says I wasn't "meeting expectations" - nothing about misconduct. Hopefully that's good enough proof.

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Juan Moreno

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The WHOLE PA UC system is designed to TRICK people!!! I bet your old employer is just trying to avoid their UC tax rate going up. They do this ALL THE TIME to people. They don't want you back working there but they also don't want to pay for your benefits. TYPICAL CORPORATE GREED!!! Fight this appeal with everything you've got!!

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Amy Fleming

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While it's understandable to be frustrated, this isn't entirely accurate. Employers have a legitimate right to appeal if they believe they shouldn't be the chargeable employer. The system isn't designed to trick people, but it can be confusing. The good news is that as long as the OP was terminated for reasons other than willful misconduct from their most recent job, they should still qualify for benefits regardless of who ultimately pays for them.

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Alice Pierce

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Have you tried reaching a PA UC rep directly to ask about your specific situation? I was stuck in limbo for weeks trying to get answers about a similar issue earlier this year. After getting endless busy signals, I finally found Claimyr (claimyr.com) which got me through to a UC rep in about 20 minutes. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. The rep was able to explain exactly how my previous employer's appeal would affect my claim. Saved me tons of stress wondering what was going on.

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Leslie Parker

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I haven't been able to get through at all! I'll check out that service - I really need to talk to someone who can explain what's happening with my claim. The website doesn't give me enough information about the appeal.

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Esteban Tate

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sorry your going thru this! my cousin had almost the same thing last year but he got fired for attenance. hope it works out for u

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Different but kinda same boat here - my base period has 3 different jobs in it and it's confusing which one is responsible for what. Been waiting 6 weeks for a determination with an open issue. The whole system is backwards IMO. They should look at your most recent job FIRST and then only go back if needed. Is your claim showing as an open issue or have they already started the appeal process?

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Leslie Parker

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Mine says "appeal pending" on the portal, and I got a notice in the mail about a hearing scheduled for next month. I'm so stressed about it because I really need this income while I'm job hunting. 6 weeks is a long time to wait! Has anyone contacted you at all during that time?

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Nope, not a word! Just the dreaded "open issue" status. I've applied to like 30 jobs in the meantime but no interviews yet. This is why people get so frustrated with the system.

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Amy Fleming

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PA unemployment law is quite specific about this situation. Under Section 402(b) of the PA UC Law, voluntarily quitting a job without cause of a necessitous and compelling nature can be disqualifying. However, since you were subsequently hired at a new job and then involuntarily terminated from that position for reasons that don't constitute willful misconduct, your most recent separation is what determines eligibility. For your appeal hearing, bring: 1. Documentation showing you were fired (termination letter) 2. Any performance reviews or feedback you received 3. Documentation of your attempts to improve performance 4. Timeline of your employment/training at the new job The key is demonstrating that you made a good faith effort to perform the job adequately and that your separation wasn't due to willful misconduct. "Not catching on quickly enough" typically doesn't rise to the level of willful misconduct if you were genuinely trying.

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Leslie Parker

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This is incredibly helpful, thank you! I didn't realize I should bring performance reviews too. I only received one informal review about 3 weeks in where they said I needed to improve my processing speed, but nothing after that before termination. Should I also bring my offer letter from the new job showing the higher pay to prove why I left the previous positions?

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Amy Fleming

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Yes, definitely bring the offer letter! That helps establish that you left your previous employment for good cause - taking a better-paying position is generally considered reasonable. Also bring any documentation of the informal review and any emails or notes about training (or lack thereof). The more documentation you have about the circumstances of both your voluntary separation and your termination, the better positioned you'll be at the hearing.

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wait i just realized something does anyone know if theres like a time limit between when u quit 1 job and start another for UC? like if u get fired from new job after 1 week vs 6 months does it matter??

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Sergio Neal

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Good question. There's not a specific time limit defined in PA UC law, but generally if you work at the new job long enough to earn six times your weekly benefit rate, you've established a new qualifying separation. In the OP's case, working almost two months would likely be sufficient to establish the new job as the controlling separation for eligibility purposes.

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Juan Moreno

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Just got through a similar situation. Whatever you do, DO NOT MISS that hearing date!!!!! I missed mine because I thought it was the following week and they automatically ruled against me. Had to file another appeal just to get a new hearing date and waited another 5 weeks without benefits. The system punishes you for even the smallest mistakes while employers can drag things out forever!

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Leslie Parker

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Oh no, that's good to know! I've got it marked on my calendar and set multiple reminders. Did you eventually win your case?

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Juan Moreno

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Yes eventually but it took FOREVER and I almost lost my apartment waiting. Make sure you prepare too! Have all your dates written down, know exactly when you quit the old jobs and started/ended the new one, and be ready to explain everything clearly.

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Mateo Sanchez

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I went through something very similar last year and want to share what helped me. The key thing to understand is that PA UC looks at your "most recent qualifying separation" - which in your case would be getting fired from the office job, not quitting the retail/restaurant jobs. When I had my hearing, the judge specifically said that taking a better-paying full-time job was considered "good cause" for leaving previous employment. What really helped my case was showing that I earned enough wages at the new job to establish it as my controlling employer (sounds like you did with almost 2 months of work). The previous employer's appeal is really just about who pays the UI taxes, not whether you qualify. I'd recommend calling in right when they open (8am) to try to speak with someone before your hearing - they can often clarify the status and what to expect. Also, if you haven't already, document everything about your training (or lack thereof) at the office job. Good luck!

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