PA UC hearing scheduled after ex-employer filed late appeal - what to expect?
I've been collecting PA unemployment benefits for about 3 months now after getting fired from my restaurant job. Yesterday I logged into my portal and saw that my status changed to 'waiting for decision to be written' even though I was already approved! After some digging, I learned my former employer filed an appeal WEEKS after the 21-day deadline about the reason for my termination. They're claiming I was fired for misconduct but that's completely untrue - I was let go because business was slow. Now I'm freaking out because I depend on these payments for rent. Has anyone been through this late appeal process? How long until the hearing? What should I prepare? I'm worried because it's basically my word against their corporate HR team. Any advice would be HUGELY appreciated!
21 comments
GalacticGladiator
I went through this exact situation last year. First, don't panic - the fact that they filed after the 21-day deadline actually works in your favor. The referee will likely question why they filed late, and they need a really good reason for the judge to even consider their appeal. As for the hearing itself: 1) It's usually by phone these days 2) Typically scheduled 3-4 weeks after the appeal 3) Lasts about 30-45 minutes 4) You'll need any documentation supporting your version of events. My hearing was pretty straightforward - the referee asked both sides questions and gave each time to respond. Be professional, stick to facts, and emphasize you were let go due to business conditions, not misconduct. The burden of proof is on the employer to prove misconduct, which is a high bar.
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Aisha Hussain
•Thank you so much! That actually makes me feel better knowing the late filing might help me. Do you know if my benefits will continue while waiting for the hearing? I'm terrified they'll stop and I'll be left with nothing.
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Ethan Brown
my old boss tried this with me to! they waited like 6 weeks to appeal and the judge asked them right away why they took so long LOL. make sure u have all ur termination papers ready and any emails or texts showing the real reason they let u go. i won bcuz my boss cudnt prove i did anything wrong.
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Yuki Yamamoto
•Same here, the referee spent like 5 minutes just questioning my employer about why they missed the deadline. Kinda fun to watch them squirm tbh 😂
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Carmen Ruiz
ABSOLUTE GARBAGE that employers can do this! They know exactly what they're doing - dragging things out hoping you'll just give up. The PA UC system is DESIGNED to exhaust people. I've been through THREE hearings with my former employer and every time they bring some new bogus excuse. Make sure you get everything in writing and document EVERY interaction. The system is rigged against workers, but if you're persistent you can win. Just be prepared for them to lie through their teeth - they always do.
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Aisha Hussain
•That's exactly what I'm worried about - they can afford to drag this out, but I can't. Did your benefits continue while you were waiting for the hearing?
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Andre Lefebvre
So "waiting for decision to be written" actually means different things depending on your situation. If you've already had a hearing, it means the referee is writing their decision. But in your case, since no hearing has happened yet, it likely means the system is processing the appeal request and determining if it meets requirements (including timeliness). Regarding your benefits: According to PA UC regulations, you should continue receiving benefits while the appeal is pending, assuming you keep filing your weekly claims. However, be aware that if the decision is eventually reversed, you might have to repay those benefits. For the hearing, bring: - Any documentation about your termination - Witness information if applicable - Records of any performance reviews or disciplinary actions - Timeline of events leading to termination The referee will give both sides opportunity to present their case and question each other. Be concise, honest, and polite even if the employer isn't.
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Aisha Hussain
•This is incredibly helpful, thank you! I'll definitely keep filing my weekly claims. I have my termination letter which specifically mentions "business restructuring" so hopefully that helps my case.
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Zoe Dimitriou
I was in your exact shoes! had 2 wait almost 5 weeks for my hearing but then my old job didnt even show up lolll so i won by default. but seriously when ur preparing just focus on the FACTS not feelings. the refree doesnt care if ur boss was mean, just what actually happened with ur job ending. stick to dates, who said what exacty, and if u have any writeups or email from when u got fired.
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QuantumQuest
•I know someone who got totally caught off guard because they asked for specific dates and times of incidents and she couldn't remember exactly! Make sure you write down a timeline of everything before the hearing so you don't get flustered.
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Zoe Dimitriou
1 more thing i forgot - u can have a witness if someone else saw what happened when u got fired. My coworker was willing to testify for me but then my boss didnt show up anyway lol
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Yuki Yamamoto
Have you tried calling UC to ask about your status? You'll probably need to talk to someone directly about this.
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Aisha Hussain
•I tried calling the PA UC number for the past two days but just get busy signals or automated messages saying call volume is too high. It's so frustrating!
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GalacticGladiator
If you need to reach PA UC quickly about your claim status before your hearing, I'd recommend trying Claimyr (claimyr.com). I was in a similar situation with an employer appeal and couldn't get through on the phones for days. Their service connected me to a UC agent in about 30 minutes when I'd been trying for days on my own. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 The agent was able to confirm my benefits would continue during the appeal and explained exactly what to expect next. Having that clarity made a huge difference with my stress levels while waiting for the hearing.
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Aisha Hussain
•Thank you! I've never heard of this service before but I'm desperate to talk to someone. I'll check out that video right now.
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Carmen Ruiz
•Be careful with third-party services. Some of them just take your money and don't deliver anything better than what you can do yourself.
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Andre Lefebvre
One more important thing - the hearing notice will be mailed to you with the date, time, and instructions. It usually arrives 7-10 days before the scheduled hearing. READ THIS CAREFULLY as it will contain specific instructions about submitting evidence beforehand. Any documentation you want considered must be submitted according to their guidelines, usually at least 5 days before the hearing. And don't miss the hearing! If you don't attend but your employer does, the referee will likely rule in their favor by default.
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Aisha Hussain
•I'll watch for the notice and follow all the instructions exactly. Is there anything specific I should say when the referee asks why I think I should still receive benefits?
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GalacticGladiator
When the referee asks why you should receive benefits, focus on these key points: 1. You were separated from employment through no fault of your own (business reasons, not misconduct) 2. You were capable and available for work during all claiming weeks 3. You have been actively seeking employment as required 4. Your employer's late appeal should be dismissed due to untimeliness Keep emotions out of it and stick to these facts. The legal standard for misconduct is pretty high - they need to prove willful misconduct or deliberate violation of policies, not just that you made honest mistakes or weren't perfect at your job.
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Aisha Hussain
•This is exactly what I needed - thank you! I've been looking for work and have documentation of my job applications, so I'll make sure to mention that as well.
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Ethan Brown
good luck!! let us know what happens with ur hearning! most ppl on here actually win there appeals so try not 2 stress 2 much
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