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Tristan Carpenter

PA UC eligibility with wrongful termination - approved vs denied experiences?

Hey all - I got let go from my job of 5 years last week and now I'm trying to figure out if I'll qualify for PA unemployment. My employer is claiming I was terminated for "poor performance" but honestly I never received any formal write-ups or warnings - just a vague meeting two months ago where my boss mentioned some projects were behind schedule (which wasn't even my fault!). I think they just wanted to cut costs. I'm worried about filing because I've heard mixed things about how PA handles these situations. Has anyone here been fired for something they felt was unfair and still received UC benefits? Or been denied? I'd love to hear what specific reasons were approved vs denied by reviewers. Need to know if I should fight this or just move on. Thanks in advance for any experiences you can share!

I successfully got benefits after being terminated for "not meeting expectations" at my marketing job. The key was that they couldn't produce ANY documentation of warnings or a performance improvement plan. In PA, employers need to prove misconduct or willful disregard of their interests - not just that you weren't perfect. The UC interviewer specifically asked if I had received written warnings and when I said no, that seemed to help my case a lot. Make sure you clearly explain in your initial application that you never received formal warnings about your performance. Good luck!

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That's really helpful to know, thank you! Did they contact your employer directly during the review process? I'm worried my boss will make up reasons after the fact.

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i got fired for "attendance" but it was actually cuz i had to take care of my kid who got sick a lot. got approved for UC no problem. think they care more about if u did something really bad on purpose vs just not being what the company wanted

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Not necessarily true! I got DENIED even though my so-called "poor performance" was just not hitting their ridiculous sales quotas that kept increasing every month! Literally IMPOSSIBLE targets. They had 3 written warnings though, and that's what killed my case. PA UC doesn't care if the expectations were fair, only if you were warned. DOCUMENT EVERYTHING!

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The PA UC system considers several factors when determining eligibility after termination. Here's what typically happens: 1. You'll file your initial claim stating you were terminated without cause 2. PA UC will contact your employer for their side of the story 3. If there's a discrepancy, you'll have a fact-finding interview 4. The interviewer will look for evidence of misconduct or willful violation of policies In your case, the lack of formal warnings works strongly in your favor. Pennsylvania considers performance-based terminations without proper documentation to be eligible for benefits in most cases. The burden of proof is on the employer. Make sure to be completely truthful in your application. If they claim you violated a specific policy, you'll need to explain your side. Keep your explanation simple and factual - don't get emotional or accusatory about your former employer.

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this happened to my cousin too she got benefits after being fired for "attitude problems" lol. employer couldnt prove anything

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I HAD THE EXACT OPPOSITE EXPERIENCE!! Applied for UC after getting fired for "not meeting company standards" with ZERO documentation. My employer flat-out LIED during the determination process saying I had been "counseled multiple times" (completely false!!). I got DENIED initially!!! Had to appeal and wait 9 WEEKS for a hearing where I finally won because they couldn't produce any evidence. SYSTEM IS BROKEN!!!!!

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Oh wow, that sounds horrible! Did you have any proof that they never gave you warnings? I'm worried about the same thing happening.

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To answer your question - I didn't have "proof" they never warned me because how do you prove something DIDN'T happen?? But during the appeal hearing, the referee asked them to provide dates and details of these supposed warnings. When they fumbled and couldn't give specific answers, the referee sided with me. DOCUMENT EVERYTHING from now on!

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This is why it's critical to request your personnel file immediately after termination. In Pennsylvania, employers must allow you to inspect your personnel file within 30 days of termination. Send a certified letter requesting to view it - this prevents them from adding documentation after the fact. If there are no written warnings in your file, that's powerful evidence for your UC claim.

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my boss fired me cuz i wouldnt work overtime without pay lol. got benefits easy peasy. ur situation sounds way better than mine was

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The most important factor for PA UC eligibility in termination cases is whether the employer can prove "willful misconduct." Performance issues generally don't qualify as willful misconduct unless: 1. You deliberately performed poorly 2. You were given clear warnings and opportunity to improve 3. You violated specific, reasonable company policies Based on what you've described, you have a strong case for eligibility. Make sure to apply right away - you can always appeal if initially denied. During your fact-finding interview, stick to the facts: no formal write-ups, no performance improvement plan, just one vague conversation about projects being behind schedule. Here's what might help strengthen your case: - Any positive performance reviews from the past - Evidence that projects were delayed for reasons beyond your control - Any emails or messages showing your attempts to meet deadlines - Testimony from coworkers (though this can be difficult to obtain) Be prepared for a potential appeal process, as employers often contest claims to keep their UC tax rates down.

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Thank you for this detailed explanation. I do have my last performance review from 6 months ago which was mostly positive, so I'll definitely mention that.

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When I got fired last year I spent DAYS trying to reach someone at PA UC to explain my situation. All I got was busy signals and disconnects when calling their number. I finally used Claimyr (claimyr.com) to get through - saved me so much frustration! They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. Had a UC rep on the phone within 30 minutes who confirmed that without written warnings, my employer would struggle to prove willful misconduct. Definitely worth it if you need to speak to someone directly about your specific situation.

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that service actually works? might try it, been calling for 3 days straight with no luck

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One more thing that hasn't been mentioned - if you're denied initially, you absolutely MUST appeal within the 15-day window. About 30% of denied claims get reversed on appeal, especially in cases like yours where there's no documented performance issues. The appeal hearing is much more formal, with a referee who will examine the evidence more carefully than the initial determination.

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Thanks for mentioning the appeal timeline. Is that 15 calendar days or business days from when I receive the determination letter?

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It's 15 calendar days from the date on the determination letter (not from when you receive it). Make sure to file your appeal even if it's the 15th day - you can do it online through your PA UC portal or by fax/mail (though online is preferred for tracking purposes).

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did u check if ur eligible for severance pay too? sometimes companies that fire ppl without good reason gotta pay that on top of unemployment

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They offered me 2 weeks' severance but said I'd have to sign a paper waiving my right to sue them for wrongful termination. I haven't signed it yet because I wasn't sure how it would affect my UC claim.

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Be very careful with that severance agreement. While receiving severance doesn't disqualify you from UC benefits in Pennsylvania, the waiver language could potentially impact your claim. Some separation agreements include statements that you're resigning voluntarily or acknowledging performance issues, which could hurt your UC eligibility. I'd recommend having an employment attorney review the agreement before signing. Many offer free initial consultations. At minimum, read every word carefully and consider asking for modification of any language that suggests you were at fault or voluntarily leaving. Regarding your earlier question about the employer being contacted - yes, PA UC will send your employer a form asking for their reason for termination. They typically have 7 days to respond. This is why it's important to get your story on record first with clear factual information about the lack of disciplinary action before termination.

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I went through EXACTLY this with my severance! Company tried to sneak in language saying I "resigned" when they clearly fired me. Had to get them to revise it to say "separated from employment" instead. These companies will try ANYTHING to avoid UC claims!!

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Has anyone here gotten approved for UC after being fired for missing sales targets? My situation is similar but I DID have one written warning about missing quota (but the quota was literally impossible - they set it 40% higher during a recession!). Getting desperate as I have bills due next week and no income!

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Missing sales quotas alone typically isn't considered willful misconduct in PA, especially if the targets were unreasonable. Even with one written warning, you may still qualify if you can show you were making good faith efforts to meet the targets. Make sure to explain this in your fact-finding interview. The determining factor is whether you deliberately underperformed or whether you were genuinely trying but unable to meet unrealistic expectations.

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I was in a very similar situation about 8 months ago - terminated for "performance issues" after 3 years with no prior write-ups or formal warnings. Just like you, I had one vague conversation with my supervisor about being "behind on deliverables" but nothing documented. I was approved for UC benefits without any issues! The key thing that helped me was being very clear and factual in my initial application. I stated exactly what happened: terminated for alleged poor performance, no written warnings received, no performance improvement plan offered, and only one informal conversation about work pace. I also mentioned my previous positive performance reviews. My employer did contest the claim initially, but during the fact-finding interview, the UC representative asked them specific questions about their progressive discipline policy and what documentation they had. When they couldn't provide any formal warnings or improvement plans, the decision went in my favor pretty quickly. One tip - make sure you apply ASAP since there's a waiting period anyway. Don't let fear of denial stop you from filing. In PA, they really do look at whether the employer followed proper procedures for performance management, and it sounds like yours didn't. Good luck!

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This is really reassuring to hear! Your situation sounds almost identical to mine. How long did the whole process take from filing to getting your first payment? I'm trying to figure out my timeline for covering expenses while this gets sorted out.

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Your situation sounds very promising for UC approval! I had a similar experience where I was terminated for "productivity concerns" after 4 years with zero documentation. What really helped my case was requesting my personnel file immediately after termination - it showed there were literally no performance-related documents in there, which contradicted what my employer claimed during their response to PA UC. A few practical tips based on my experience: - File your claim this week if you haven't already - the sooner you start, the sooner you'll know the outcome - When you do the initial application, be very specific about the lack of formal warnings (sounds like you can honestly say "zero written warnings received") - If they schedule a fact-finding interview, prepare a simple timeline of events leading to termination - Keep copies of any positive feedback, emails, or performance reviews you might have The fact that you never received formal write-ups is huge in PA. Employers here are expected to follow progressive discipline for performance issues, and "one vague meeting" definitely doesn't meet that standard. I'd be shocked if you got denied based on what you've described. Stay positive!

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This is exactly what I needed to hear - thank you so much! I'm definitely going to request my personnel file first thing tomorrow. Quick question though - when you requested yours, did you do it in writing or just call HR? I want to make sure I do this the right way so they can't claim I never asked for it later.

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I went through something very similar last year and got approved! Was let go for "unsatisfactory performance" after 6 years with literally ZERO documentation in my file. Like others mentioned, the lack of formal warnings is your biggest asset here. PA UC really does look at whether employers followed proper progressive discipline procedures. In my case, the interviewer specifically asked my employer to provide dates and details of performance discussions, improvement plans, or written warnings. When they couldn't produce anything concrete, I was approved within about 2 weeks of filing. One thing that really helped me was being super organized during my fact-finding interview. I had dates ready of when that vague conversation happened, what was discussed, and was clear that it wasn't presented as a formal warning. I also mentioned that I was never put on any kind of performance improvement plan. Don't stress too much about your employer potentially lying - the UC system in PA has seen it all before. If they try to claim they gave you warnings they can't document, it usually backfires on them. Just stick to the facts and you should be fine. File ASAP so you can get the process started!

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This gives me so much hope! I've been stressed about this all week but hearing all these success stories is really encouraging. I'm definitely filing first thing Monday morning. Did you end up having to appeal at all or was the initial decision in your favor? Also, do you remember roughly how long the fact-finding interview took? I want to make sure I block out enough time and don't rush through it.

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Mei Lin

I went through almost the exact same situation about 6 months ago and got approved! Fired for "performance issues" after 4 years with zero written warnings - just one casual conversation where my manager said some deadlines had been missed. No improvement plan, no formal review, nothing documented. The whole process took about 3 weeks from filing to approval. My employer did try to contest it, claiming they had "verbally counseled" me multiple times, but during the fact-finding interview the UC representative kept asking for specific dates and documentation. When they couldn't provide anything, I got approved pretty quickly. A couple things that helped me: - I filed my claim immediately (like within 2 days of termination) - I was very factual in my application - stated clearly "terminated for alleged poor performance, received no written warnings or formal disciplinary action" - During the phone interview, I had my timeline ready with exact dates of conversations - I mentioned my most recent performance review was satisfactory The interviewer told me that PA really looks at whether employers followed proper progressive discipline, and yours clearly didn't. With no documentation on their end, you're in a really strong position. Don't let the fear of denial stop you from filing - based on what you've described, I'd be very surprised if you got denied. Apply ASAP and get the process rolling!

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This thread has been incredibly helpful! I'm feeling much more confident about filing now. Your timeline of 3 weeks is really useful to know - I was worried it might take months. One last question - when you mentioned having your timeline ready with exact dates, did you write this out beforehand or just keep mental notes? I want to be as prepared as possible for that interview since it sounds like being organized really makes a difference.

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I actually wrote everything down beforehand and I'm so glad I did! During the interview I was nervous and probably would have forgotten important details. I made a simple timeline document with dates, what was discussed, and who was present for each conversation. I also wrote down key points about my job performance and any positive feedback I'd received. The whole interview only took about 15-20 minutes but having everything organized made me sound much more credible and prepared. Definitely recommend doing this - it shows you're taking it seriously and helps you stay focused during what can be a stressful conversation.

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I went through something really similar just 3 months ago! Got fired for "failure to meet expectations" after 2.5 years with absolutely no formal documentation - just like you, I had one informal chat with my supervisor about some delayed projects, but nothing was ever put in writing or presented as a warning. I was terrified to file because I kept reading horror stories online, but I'm so glad I did! Got approved without any issues. The key things that worked in my favor were: - No written warnings in my personnel file (I requested it right after termination) - No performance improvement plan was ever offered - My last official performance review was "meets expectations" - I could prove the project delays weren't entirely my fault (supply chain issues, client changes, etc.) During my fact-finding interview, the UC rep asked my employer very specific questions about their progressive discipline policy and what steps they took before termination. When they couldn't provide documentation of formal warnings or improvement plans, the decision went in my favor within about 10 days. Based on what you've described, you have an even stronger case than I did. The lack of any formal write-ups or warnings is huge in PA - they really expect employers to follow proper procedures before terminating someone for performance. Don't let fear stop you from filing! You've got this.

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This is so encouraging to read! I was honestly getting pretty anxious about the whole process but seeing all these similar situations with positive outcomes is really helping my confidence. Your point about being able to prove the project delays weren't entirely your fault is interesting - I should probably gather some documentation showing the external factors that contributed to those delays my boss mentioned. Did you bring that evidence to the fact-finding interview or just mention it verbally? I want to be as prepared as possible when I file tomorrow.

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I was in almost the exact same boat as you 4 months ago! Got terminated for "performance concerns" after 3 years with zero formal documentation. Just one casual conversation about project timelines, no written warnings, no PIP, nothing. I was approved for UC benefits with no issues at all. The thing that really sealed it for me was when PA UC asked my employer during the fact-finding interview to provide specific dates and documentation of performance discussions. They kept saying they had "ongoing conversations" about my work but couldn't produce a single email, write-up, or formal review documenting any problems. The UC interviewer told me afterwards that PA expects employers to follow progressive discipline procedures, and vague conversations don't count as proper warnings. My advice: File immediately and be completely factual in your application. State clearly that you received no written warnings or formal disciplinary action. If they contest it (which they probably will to protect their UC tax rate), just stick to the facts during your interview. The burden is on them to prove misconduct, and it sounds like they have zero documentation just like my employer did. You've got a really strong case based on what you've described. Don't let the fear of potential denial stop you from filing - you need to start the process to get benefits flowing. Good luck!

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This whole thread has been incredibly reassuring! I was really worried about filing because I kept second-guessing whether my situation would qualify, but hearing from so many people who went through almost identical circumstances and got approved is giving me the confidence I needed. Your point about the burden being on the employer to prove misconduct is really important - I think I was getting too caught up in trying to "prove" I wasn't at fault instead of realizing they need to prove I was. I'm definitely filing first thing tomorrow morning. Thank you to everyone who shared their experiences - this community is amazing!

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I went through this exact situation about 8 months ago and got approved! Was let go for "not meeting performance standards" after almost 4 years with zero documentation - no write-ups, no formal warnings, no performance improvement plan. Just like you, I had one vague meeting where my manager mentioned some concerns but nothing was ever put in writing. The whole process took about 2.5 weeks from filing to approval. My employer contested it of course, but during the fact-finding interview the UC representative kept asking them for specific dates, documentation, and details about their progressive discipline policy. When they couldn't provide anything concrete beyond "we had discussions," I was approved pretty quickly. A few things that really helped my case: - I requested my personnel file immediately after termination (in writing via certified mail) - it showed absolutely no performance-related documents - I had my timeline ready with exact dates of any conversations about work - I mentioned my previous performance reviews were satisfactory/good - I was very factual and didn't get emotional during the interview The UC interviewer actually told me that PA expects employers to follow proper progressive discipline procedures before terminating for performance issues. One informal conversation definitely doesn't meet that standard. Based on what you've described, you have a really strong case - probably even stronger than mine was. Don't let anxiety stop you from filing, you've got this!

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Wow, reading through all these success stories is such a relief! I've been losing sleep over this whole situation but everyone's experiences are so similar to mine and it sounds like PA really does protect workers when employers don't follow proper procedures. Your advice about requesting the personnel file in writing is really smart - I'm going to do that today before I file tomorrow. It's amazing how many employers seem to think they can just fire people for "performance" without any actual documentation. Thank you for sharing your timeline too, 2.5 weeks gives me a realistic expectation for when I might see some resolution. This community has been incredibly helpful and supportive!

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