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Max Knight

PA UC hearing: What if employer lies during appeal when the write-up proves my version?

I'm in a total panic about my upcoming PA unemployment appeal hearing. I was fired after an incident with a coworker where I called her 'ignorant' during a heated moment (which I admitted to). The write-up they gave me at termination ONLY mentions that I called her 'ignorant' - nothing else. Now I found out my employer is planning to claim at the hearing that I used a bunch of vulgar words that I NEVER said! The actual write-up proves my version of events, but I'm terrified the examiner will just believe whatever my employer says. Do hearing examiners actually look at the written evidence like the disciplinary write-up, or do they just go by verbal testimony? Has anyone been through a hearing where the employer straight-up lied? What happens in that situation?

The referee absolutely looks at all documentation submitted as evidence. Make sure you've submitted copies of that write-up before your hearing through the portal or bring at least 3 copies with you if it's in-person. During the hearing, when they ask for your testimony, specifically point out the discrepancy between what's in writing versus what they're now claiming. The referee will definitely notice this inconsistency and it usually works in your favor when the employer changes their story. I've been through two PA UC hearings and won both because I had documentation that contradicted what the employer claimed verbally.

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Thank you so much! That's a huge relief. My hearing is scheduled for next Thursday and I've been stressing about this non-stop. Should I specifically say "they're lying" during the hearing or just point out the discrepancy?

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same thing happened to my brother, employer tried to say he threatened someone but write up just said 'inappropriate communication' lol

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Did your brother win his case? This is giving me some hope!

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I've been through 2 UC appeals in PA and i can tell you those hearing referees are VERY good at spotting inconsistencies!!!! They've heard it ALL before. If your employer suddenly adds new accusations that weren't in the original write-up, that's a HUGE red flag to the referee. Trust me they see this stuff everyday. Bring 3 copies of EVERYTHING.

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That's reassuring to hear they know what to look for. I'm gathering all my evidence now to make copies.

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I went through something similar and I thought I'd share what worked for me. I called PA UC literally 78 times trying to speak with someone to get advice before my hearing. After days of busy signals and disconnects, I found claimyr.com which connected me to a PA UC agent in about 10 minutes. They have a video demo at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 showing how it works. The agent gave me step-by-step advice on handling documentation discrepancies in my hearing. Worth every penny for the peace of mind before my hearing.

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does that actually work? ive tried calling them like 200 times before lol

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Yeah it actually does. I was skeptical too but I was desperate. Got through to unemployment in like 12 mins when I'd been trying for days.

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Speaking as someone who has handled many unemployment appeals, I want to clarify a few important points about PA UC hearings: 1. The Referee (not examiner) will review ALL evidence submitted by both parties. 2. Documentation created at the time of the incident (like the write-up) carries significantly more weight than verbal testimony provided later. 3. If your employer makes claims that contradict their own documentation, the Referee will absolutely note this inconsistency. 4. You should never accuse anyone of lying during the hearing - instead, calmly point out the factual discrepancies between current testimony and contemporaneous documentation. 5. Make sure to submit your evidence through the appeal portal at least 3 days before the hearing date. When testifying, be factual and unemotional. Simply state what happened, confirm what the write-up says, and note that the write-up accurately reflects what occurred.

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This is incredibly helpful advice, thank you! I'll make sure to stay calm and just stick to the facts during the hearing. I've uploaded the write-up to the portal yesterday, so that should be all set.

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PA UC hearing are BS!!! I had one last year and the employer straight up LIED about everything!!! They claimed I had 5 written warnings when I only had 1. I tried showing the referee my evidence but she didn't even care!!!! The whole system is rigged I swear. Don't get your hopes up, they always side with employers no matter what.

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That's not accurate - PA referees are actually quite fair in my experience. Did you submit your evidence ahead of time through the portal? They won't consider evidence that wasn't properly submitted before the hearing in most cases.

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Maybe I just got a bad referee then? IDK but mine was terrible. And yes I uploaded everything but she barely looked at it.

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during the hearing make sure u specifically say something like "I'd like to direct your attention to exhibit B which is the actual disciplinary write-up from the date of termination" then point out that it only mentions the word "ignorant" and nothing else. timing is everything. dont wait for them to bring it up

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That's great advice! I'll definitely do that. Should I wait until they finish their testimony first, or bring it up during my initial statement?

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Quick update on my earlier comment - one more important tip. In PA unemployment hearings, the burden of proof is on the employer when they're claiming willful misconduct. This means they have to prove you violated a policy, not the other way around. If their own documentation contradicts their testimony, they're going to have a very hard time meeting that burden. Just remain calm, stick to the facts, and let the referee sort it out. Best of luck!

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Thank you for this additional info! I didn't know the burden of proof was on them - that makes me feel much better about the whole situation.

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BTW has anyone gotten their hearing decision faster than the 2-3 weeks they tell you it'll take? I'm on day 10 waiting for mine and the suspense is KILLING ME!!!!!

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Decision timelines vary based on the referee's caseload, but in my experience, most decisions are issued within 10-14 days. The 2-3 week estimate is a maximum timeframe in most cases. You should receive your decision soon.

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I've been through a similar situation in PA and want to add something important - make sure you organize your evidence clearly before the hearing. Label the write-up as "Exhibit A" or something similar so you can reference it easily during testimony. Also, if you have any witnesses who can testify about what actually happened (coworkers who heard the conversation), consider having them available by phone during the hearing. The referee will appreciate your preparation and organization. When employers contradict their own written records, it seriously damages their credibility. You've got this!

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This is really helpful advice about organizing evidence! I'm definitely going to label my write-up as an exhibit. Unfortunately I don't think any of my coworkers would be willing to testify since they still work there, but the write-up should be enough evidence on its own. Thanks for the encouragement - I really needed to hear that!

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I went through a PA UC hearing last year where my former employer tried to embellish the reasons for my termination beyond what was in their original documentation. The key thing that helped me win was being extremely organized and prepared. I created a timeline of events, labeled all my evidence clearly, and practiced explaining the discrepancies calmly and factually. When the employer started adding details that weren't in the write-up, I simply said "I'd like to reference Exhibit A, the disciplinary notice from [date], which only documents [specific language from write-up]." The referee immediately picked up on the inconsistency. Also, don't forget that you can ask questions during the hearing too - if they claim you said things not mentioned in the write-up, you can ask them why those alleged statements weren't documented at the time if they were serious enough to warrant termination. Stay confident - the fact that you have contemporaneous documentation on your side is huge!

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