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PA UC hearing next week after disqualification - what are winning chances if employer shows up?

I got disqualified from PA unemployment last month and finally have my referee hearing scheduled for next Wednesday. My former employer is claiming I was fired for misconduct (which is NOT true - they downsized my department but targeted me specifically because I had complained about safety issues). I'm really worried because my landlord just raised my rent and I desperately need this money. My former supervisor texted me saying he plans to attend the hearing to "set the record straight." Has anyone gone through a UC appeal hearing where your employer actually showed up? What were your chances of winning? Do I need a lawyer? I've gathered some emails that prove they were planning layoffs before any of the so-called "performance issues" they're claiming. Really stressed about this!

I won my appeal even when my employer showed up. The key is preparation. Bring ALL documentation that supports your case - emails, performance reviews, witness statements if possible. Speak clearly, stick to facts, and don't get emotional even if they say things that aren't true. The referee just wants facts. And yes, those emails showing planned layoffs will be VERY helpful. The hearing follows a specific format - both sides get to present their case and evidence. The referee will ask questions. You'll get to question your employer and vice versa. Your chances depend on how well you can document your side vs. theirs, not just who shows up.

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Mei Wong

Thank you, that's really helpful. Did you have to submit your evidence before the hearing or can I just bring it with me? I'm so nervous about the questioning part. What types of questions did the referee ask you?

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OMG they r the WORST!!! my old boss showed up at my hearing and LIED about everything!!! said i was always late (i was late maybe 3 times in 2 years) and that customers complained (they didnt). the system is RIGGED against workers, the referee barely let me talk and i lost even tho i had proof. hope u have better luck but dont get ur hopes up, the whole thing is a joke!!!!

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Amara Eze

I had the complete opposite experience. Referee was super fair and listened to both sides. Maybe depends on who you get?

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I handle PA UC appeals professionally, and I can tell you that employer attendance doesn't automatically determine the outcome. What matters most is evidence and testimony that directly addresses the legal standard for misconduct. PA law defines misconduct as a deliberate violation of employer rules or disregard for standards of behavior an employer can reasonably expect. If your employer is claiming misconduct, they have the burden of proof. Those emails showing planned layoffs are excellent evidence that contradicts their narrative. Prepare a timeline of events. Practice explaining your side concisely. Don't interrupt the employer or referee. Address the referee as "Sir" or "Ma'am" and remain professional even if you feel attacked. Bring three copies of each document (one for you, employer, and referee). The hearing notice should explain how to submit evidence in advance, which is usually required. You don't necessarily need a lawyer, but if there's a lot of money at stake or your case is complex, it might be worth consulting one.

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Mei Wong

This is incredibly helpful, thank you! The hearing notice did mention submitting evidence 5 days before the hearing, so I'll need to do that ASAP. I had no idea the employer has the burden of proof - that makes me feel a bit better. Do you think it would be worth mentioning the safety complaints I made, or would that just complicate things?

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my cousin had his old boss show up with HR and lost his appeal but then my neighbor won hers even though her manager was there so i think it really depends on the situation good luck!

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If you're struggling to reach the PA UC office to ask questions before your hearing, I'd recommend using Claimyr. I was in a similar situation before my appeal hearing and needed to clarify some evidence requirements. Spent days getting busy signals until I found this service. They connected me to an actual UC rep in about 20 minutes who walked me through everything I needed. Their video demo explains how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 and the website is claimyr.com. It was a lifesaver for me before my hearing - being prepared made all the difference.

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does this actually work? ive been calling PA UC for like 2 weeks straight and never get through!!!!

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Yes, it worked for me. I was skeptical too after trying to call for days, but they got me through. The UC agent I spoke with gave me specific advice about what documentation would be most important for my type of appeal.

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I had my appeal hearing last year. My boss showed up with a stack of papers but didn't have the right evidence to prove misconduct. I won because in PA, being bad at your job isn't misconduct - they have to prove you deliberately violated rules or standards. If they're saying performance issues but were planning layoffs anyway, that sounds like they're reaching. One thing to remember: the hearings are recorded and you have to speak clearly. Don't talk over people. Write down points you want to make so you don't forget when you get nervous. And when your employer is talking, write down anything that's not true so you can address it when it's your turn again.

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Mei Wong

That's a really good point about writing things down! I tend to freeze up when I'm nervous, so having notes will definitely help. Did you dress up for the hearing? Is it very formal?

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Amara Eze

Just had my hearing last month. Wear something nice but doesn't have to be super formal. Business casual is fine. And yes, definitely have all your points written down! I got flustered and forgot to mention some important stuff and probably looked dishonest when I remembered later. My employer did show up and I still won because they couldn't prove I violated any specific policy. Good luck!

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To answer your follow-up question - yes, definitely mention the safety complaints IF they are documented and IF there's a reasonable connection to the timeline of your termination. In PA, this could potentially point to retaliatory discharge, which would strengthen your case significantly. But only bring it up if you can substantiate it with emails, reports, or witnesses. Unsubstantiated claims can sometimes backfire. As for attire, business casual is appropriate. The hearing is formal in procedure but not overly formal in atmosphere. The referee wants to get to the facts efficiently.

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Mei Wong

Thank you! I do have emails where I raised the safety concerns, and then my next performance review (about 2 weeks later) suddenly had negative comments when all previous ones were positive. I'll make sure to include those. This whole thread has been incredibly helpful - feeling much more prepared now.

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Anyone know how long after the hearing until you get a decision? Mine took FOREVER (like 3 weeks) and I was checking my mailbox every day freaking out!

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PA UC is required to mail the decision within 14 days after the hearing, but with current backlogs, 3-4 weeks is more realistic. You can also check your outcome online through your PA UC dashboard about a week before the physical letter arrives.

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One more thing - if you lose the hearing, you can appeal to the UC Board of Review. You'll have 15 days from the date on the decision letter. I had to do this and eventually won at that level. Just something to keep in mind as a backup plan, but focus on winning this hearing first!

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