PA UC hearing coming up - employer changed tip structure and filed late appeal

Good news - the fact that they filed late works strongly in your favor! PA UC referees generally don't accept appeals filed after the deadline unless there's a really compelling reason (like hospitalization or natural disaster). Since your employer didn't even provide a reason, you should point this out immediately at the beginning of the hearing. As for the tip structure change - yes, that can absolutely be considered good cause to quit when it results in such a significant reduction in earnings (30%+ is definitely significant). Make sure you bring documentation showing your earnings before and after the change if possible - bank statements, pay stubs, tip reports, etc. Also helpful if you have any written communication about the policy change.

my boss tried this SAME THING last year!!! filed appeal 3 days late and referee threw it out in first 5 mins of hearing. dont worry to much but still prepare your case just incase

Be prepared to argue both points. While the late appeal gives you an advantage, referees sometimes allow late appeals if the employer makes a compelling argument at the hearing. For the tip structure change, PA considers a "substantial unilateral change in employment" as potential good cause to quit - especially when it significantly impacts earnings. A 30%+ reduction definitely qualifies. For the hearing, organize your evidence chronologically: 1. Documentation of your consistent earnings before the change 2. Any written notice of the tip policy change 3. Evidence of reduced earnings after the change 4. Any attempts to resolve the issue with management before quitting Speak clearly, don't interrupt, and stick to facts rather than emotions. Good luck!

dude this happened 2 me at a restaurant in pittsburgh... manager changed tips and everyone quit lol. i didnt even know i could get unemployment for that! just got a new job instead. but yes late appeal usually means u win automatically

I've been through TWO unemployment appeals with different employers and let me tell you - the system is COMPLETELY rigged against workers!!! My first employer filed 5 days late and they STILL let them proceed with the appeal. The second one didn't even show up to the hearing and I STILL got denied benefits. Don't trust what anyone tells you about automatic dismissals for late filings. These referees don't care about deadlines when it comes to helping businesses. They'll bend over backwards to accommodate employers while making workers jump through hoops. The whole thing is a JOKE.

When is your hearing scheduled? If you're having trouble connecting with someone at UC to ask questions before your hearing, I used a service called Claimyr (claimyr.com) that got me through to a PA UC agent in about 20 minutes after spending days getting busy signals. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. I was able to talk to someone who explained exactly what to expect in my hearing and what documents I should have ready. Really helped calm my nerves about the whole process.

My hearing is tomorrow and I'm so stressed I can't sleep. My employer is fighting my claim saying I voluntarily quit without cause but they cut my hours from 40 to 15 per week! Reading your post has me worried about my own case. Hope yours goes well.

wait does anyone know if these hearings are in person or on the phone now? mine was phone back in 2021 but maybe theyve changed it

make sure u write down EVERYTHING u wanna say!!! i got so nervous during my hearing i forgot half my points lol. and use speakerphone so u can look at ur notes and evidence while talking

Update: I spoke with a UC examiner today (thanks for the Claimyr tip - it worked perfectly). They confirmed that the employer has to prove "good cause" for filing late, and forgetting or being busy isn't considered good cause. They also said the tip structure change should qualify as good cause to quit if it substantially reduced my income, which it definitely did. Feeling much more confident now but still preparing all my evidence just in case. Will update after the hearing next week!

That's great that you got confirmation from the UC examiner! Just wanted to add - during the hearing, if the referee does allow the late appeal to proceed, make sure to emphasize that the tip structure change was implemented WITHOUT your consent or input. In PA, courts have held that when an employer makes unilateral changes to compensation that result in a "substantial diminution" of wages, it can constitute constructive discharge. Your 30%+ pay reduction definitely meets that threshold. Also, document any other employees who may have quit due to the same policy change - it shows a pattern that the change was unreasonable. You've got this!