PA UC employer appealing my claim - hearing scheduled soon - how to prepare?
Just got an email from PA unemployment saying my former employer is contesting my claim and there's going to be a hearing. I've been filing weekly and receiving benefits for about 4 weeks now, and suddenly this happens! The email said they'll contact me with details about the hearing date/time. I'm completely freaking out - has anyone gone through an unemployment hearing before? What should I bring as evidence? Do I need a lawyer? My boss fired me after I called out sick twice in one month (I had doctor's notes both times), but he's claiming I was chronically late (which isn't true). Any advice on how to prepare would be really appreciated!!
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Naila Gordon
I went through a UC hearing last year. Here's what you need to do: 1. Gather ALL documentation - your doctor's notes, any attendance records you have, text messages with your boss, email communications, etc. 2. Write down a timeline of events leading to your termination 3. You don't necessarily need a lawyer, but you should definitely review the PA UC rules about qualifying for benefits 4. The hearing will be conducted by a referee who will ask questions. Be honest, concise, and stick to facts 5. Make sure you attend! Missing the hearing usually means an automatic ruling against you Also, keep filing your weekly claims during this process. Even if they temporarily stop paying while the appeal is pending, you'll get backpay if you win.
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Ben Cooper
•Omg thank you so much for these tips! I'm going to start gathering everything tonight. Do you know if the hearing will be in-person or over the phone? The email didn't specify and I'm really nervous about facing my former boss.
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Cynthia Love
THE SAME EXACT THING HAPPENED TO ME in January!!!!! My boss was AWFUL and tried to say I was fired for misconduct when I was actually laid off!!!! These companies will do ANYTHING to avoid paying UC!!! The system is RIGGED against workers!!
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Darren Brooks
•did u win ur case tho?
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Cynthia Love
•YES I DID!! But it was SO STRESSFUL and took FOREVER. They held my payments for 7 WEEKS while this was getting resolved!!!! Make sure you have ANY proof that shows your boss is lying!!!!
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Rosie Harper
my cousin had the hearing thing last month. he said it was over the phone and only took like 30 minutes. his boss didnt even show up so he won automatically
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Ben Cooper
•That would be amazing if my boss doesn't show up! But knowing him, he'll definitely be there trying to fight it. I'm glad to hear it might be over the phone though.
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Elliott luviBorBatman
Actually, most UC hearings are conducted over the phone these days. You'll receive a Notice of Hearing in the mail about 7-10 days before the scheduled date with all the details. It will include a phone number to call and a PIN to use. Make sure you've documented all instances where you called out sick with your doctor's notes ready. Since your employer is claiming tardiness, prepare a written statement of your actual arrival times if you have any way to verify this (time clock records, security badge swipes, etc.). Also very important - Pennsylvania is a one-party consent state for recording, so if you have any recorded conversations with your manager acknowledging your sick days were excused, those can be submitted. Finally, be aware that the burden of proof is on the employer in termination cases. If they're claiming misconduct, THEY have to prove it wasn't just ordinary negligence.
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Demi Hall
•Wait they have to prove it? I thought we had to prove we were eligible. That's good to know! But what if they lie about the tardiness?
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Elliott luviBorBatman
•Yes, in cases where you were terminated, the employer has to prove willful misconduct. For tardiness to be considered willful misconduct, they typically need to show: 1. There was a clear attendance policy 2. You violated it repeatedly 3. You received warnings 4. The final incident wasn't justified If they can't prove all of these elements, you should be eligible for benefits. Make sure to ask during the hearing if they have documentation of these warnings and the exact dates of alleged tardiness.
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Mateusius Townsend
If you're having trouble getting through to the UC service center to ask questions before your hearing, try using Claimyr (claimyr.com). I was in a similar situation last month and couldn't get any answers about the hearing process. Used their service and got through to a UC rep in under 15 minutes who explained everything. They have a video demo at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 that shows how it works. Definitely helped me feel more prepared going into my hearing.
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Rosie Harper
•does it actually work? i heard theres like a secret phone number u can call
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Mateusius Townsend
•There's no secret number - that's a myth. The service just helps you get through the regular UC phone system faster. I was skeptical too but it worked for me. The UC rep I spoke with walked me through exactly what to expect at the hearing.
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Darren Brooks
i had a hearing in 2023 & it was on microsoft teams video call. not phone. things mite be different now tho
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Ben Cooper
Update: Just got the notice for my hearing - it's scheduled for June 12th at 10:45am and will be over the phone. I'm starting to gather all my evidence now. Thanks everyone for the advice! I'm still nervous but feeling more prepared.
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Naila Gordon
•Good luck! One more tip - have all your documents organized and numbered so you can easily reference them during the call. The referee will usually ask you to submit any evidence before the hearing date, so make sure you follow their instructions about how to do that. And remember to stay calm and stick to the facts - hearings can get emotional but the referee just wants to know what happened, not how you feel about your former employer.
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Demi Hall
I just went through this whole process! Really quick tip - keep a notebook with you during the hearing. I found it really helpful to jot down points I wanted to address while the employer was speaking. That way I didn't forget anything important when it was my turn to respond. And definitely don't interrupt when others are speaking - the referee HATES that.
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Ben Cooper
•That's a great tip about the notebook! I tend to get flustered and forget things when I'm nervous, so I'll definitely do this. Did you win your case?
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Demi Hall
•Yes, I did win! My situation was different (they claimed I quit but I was actually laid off), but having all my documentation organized really helped. The referee ruled in my favor and I got all my back benefits about 2 weeks after the hearing.
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Rosie Harper
my friend said these hearings are really formal so don't dress sloppy even if its on the phone lol
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Elliott luviBorBatman
•While appearance doesn't matter for a phone hearing, your friend is right about maintaining professionalism. The referee will note your tone, articulation, and whether you're prepared. Being organized and respectful does make a difference in how your testimony is perceived.
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Naila Gordon
Just wanted to add - save a copy of any email correspondence between you and your employer about your sick days. Also, make sure you understand the difference between being fired for cause (misconduct) versus being fired for performance issues. In PA, you generally qualify for UC if you were fired for performance reasons, but not for willful misconduct. Since you had doctor's notes for your absences, that strongly supports your case.
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Ben Cooper
Thank you all so much for the advice! I just submitted all my evidence (doctor's notes, text messages showing I notified my boss about being sick, and a written statement). Feeling much more confident now. I'll update after the hearing!
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