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PA UC hearing after employer's appeal was 'quashed' - do I need to attend in person?

So my situation is weird and I'm freaking out. I was let go from my job about 15 months ago for what my boss called "dishonesty" (it was total BS - she basically didn't like that I documented everything in emails). I applied for PA unemployment, was approved, and collected benefits for almost a year without issues. Here's where it gets crazy - my ex-employer filed an appeal A FULL YEAR after I started collecting! The UC office reviewed everything including my email documentation and ruled in my favor, stating her reason for firing me wasn't intentional misconduct based on "substantial evidence." The decision literally said her claim was "hereby quashed." But now, just 3 days after that decision, I got notice she's filed ANOTHER appeal and they're scheduling a hearing. Is she allowed to keep appealing forever?? The thing is, I absolutely cannot handle seeing this woman face-to-face. She made my life hell and I've been in therapy because of her. Do I HAVE to physically attend this hearing? Can I do it by phone? What happens if I just don't show up? I really don't want to risk losing my benefits, but the thought of being in the same room with her makes me physically ill.

Isabella Costa

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You should definitely attend the hearing, but you DON'T have to be physically present in most cases. PA UC hearings can be done by phone - I went through this last year. Call the UC Service Center at the number on your hearing notice and specifically request a phone hearing due to emotional distress. Explain your situation just like you did here. Make sure you have all your documentation ready - especially those emails that helped you win the first time. The referee will want to see everything. And no, employers can't appeal indefinitely. If she lost the first appeal and is filing again, it's likely on some technical grounds or she's claiming new evidence.

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Malik Jackson

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Thank you so much for this info! I'll call tomorrow morning to request the phone hearing. Do you know if I need to submit the emails again or will they already have them from the previous decision?

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StarSurfer

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omg this happened to my cousin!! his boss kept appealing and it was a total nightmare. i think u definitely need 2 go or they automatically rule against u. so messed up that they can just keep appealing... the system is rigged for employers

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Ravi Malhotra

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The system actually isn't rigged, but there are specific timelines and procedures. An employer can't just keep appealing indefinitely. They typically have 15 days to appeal a determination. If this is a second appeal, it's likely going to the UC Board of Review, which is the next level up from the Referee hearing. Each level has specific grounds for appeal.

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I've been through the PA UC appeal process twice (once as an employee, once as an employer). Here's what you need to know: 1. You MUST participate in the hearing or you'll almost certainly lose by default 2. You CAN request a phone hearing - call the UC office immediately 3. Submit a written request explaining that seeing your former employer would cause emotional distress 4. Re-send ALL evidence again even if they already have it - the appeal board may need fresh copies 5. Prepare a simple timeline of events to keep yourself organized during questioning One important thing - if this is a "Board of Review" appeal (which it sounds like since the first appeal was "quashed"), the scope is usually limited to whether proper procedures were followed in the previous ruling, not re-arguing the entire case.

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Malik Jackson

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This is super helpful! I didn't realize I needed to resubmit the evidence. The notice doesn't say "Board of Review" specifically, just says it's a hearing with a Referee. Does that mean it's still at the first appeal level somehow? I'm confused because I thought her first appeal was already decided.

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Omar Hassan

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YOU NEED TO ATTEND OR THEY WILL GIVE HER WHAT SHE WANTS!!!! The system is designed to wear people down so they give up. I had an employer appeal THREE TIMES before they finally stopped. Each time I had to go through the whole process again. PA UC is such a broken system!!!! They say it's for workers but it's really just to protect employers. Also beware - if you lose this appeal they might make you pay back ALL THE MONEY they gave you. It happened to my neighbor and she had to sell her car to pay it back!!!!!

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Isabella Costa

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While I understand your frustration, this isn't entirely accurate. The UC system has specific appeal levels and procedures. If the OP properly participates (even by phone) and has documentation, they have a good chance. And while overpayment is possible if a decision is reversed, there are payment plans and sometimes waivers available. It's important not to catastrophize.

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Chloe Robinson

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I was trying to reach PA unemployment for weeks about a similar appeal situation - kept getting busy signals and disconnects. Finally used this service called Claimyr that got me through to a UC rep in like 20 minutes. Costs a bit but saved me days of frustration. They have a video demo at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 that shows how it works. The rep I spoke with was super helpful and got everything sorted out with my hearing request.

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Diego Chavez

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does this really work? ive been trying to call PA UC for 2 weeks straight with no luck

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Ravi Malhotra

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UC Referee here (retired). Let me clarify a few things: 1. What you're describing sounds like your employer may have filed a Petition for Reconsideration of the Referee's decision, not necessarily a new appeal. This is allowed within 15 days of a decision. 2. Phone hearings are standard now, especially post-COVID. Simply call the hearing notice number and request it. 3. You MUST participate or risk an automatic ruling against you. 4. Re-submit all evidence at least 24 hours before the hearing. 5. If you've already received benefits for a year, any potential overpayment determination would likely be classified as "non-fault," meaning you could request a waiver of repayment. One correction to something posted above - if this is truly a second appeal and not a reconsideration, it would go to the Board of Review, not back to a Referee. The fact that you're having another Referee hearing suggests this might be a separate issue or a reconsideration request.

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Malik Jackson

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Thank you so much for this expert information! The notice specifically mentions a "Referee Hearing" so that makes sense about it being a reconsideration. It does mention the same issue though - my alleged "dishonesty." I'm so relieved to hear phone hearings are standard now. I'm going to call first thing tomorrow.

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Diego Chavez

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just wondering - did u get a lawyer for this? my sister had something similar and she said having a lawyer at the hearing made all the difference

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Malik Jackson

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I haven't gotten a lawyer yet - do you think I need one? Did your sister have to pay a lot for the lawyer? I'm concerned about the cost since I'm not working full time yet.

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You don't necessarily need a lawyer for a UC hearing. Many people represent themselves successfully. That said, if there's a lot of money at stake (like if you might have to repay a full year of benefits), it might be worth consulting with a free legal aid organization. Try PA Legal Aid Network or your county's bar association - many offer free consultations for unemployment cases.

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NeonNebula

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i dont get why ur stressing so much. just go to the hearing and tell the truth. if you didn't do anything wrong you'll be fine. i've been through 3 of these hearings and won each time. the refs are actually pretty fair.

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Malik Jackson

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The issue isn't about telling the truth - I'm happy to do that. The problem is my severe anxiety about being in the same room with my former employer who was emotionally abusive. That's why I'm asking specifically about phone options.

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NeonNebula

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oh my bad, didn't read carefully. yeah definitely ask for phone then, they do that all the time now. i had my last one over the phone in january

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