PA UC misconduct appeal victory after termination - what worked for me?

I won my misconduct appeal last year! Here's what helped me succeed: 1. Documentation is EVERYTHING. Bring your employee handbook showing the exact attendance policy. 2. If you have any evidence that your latenesses were for good cause (car trouble, medical issues, childcare emergencies), bring documentation. 3. The key legal point: PA UC defines misconduct as a deliberate violation of employer rules. If your tardiness was due to circumstances beyond your control, it's NOT willful misconduct. 4. Be respectful during the hearing - the referee notices this. 5. If other employees had similar attendance issues but weren't fired, mention this (shows inconsistent enforcement). Stay calm during questioning. My employer tried to add new issues during my hearing that weren't in the original determination, but the referee only focused on what was in the written record. Good luck!

lol good luck. i tried to fight misconduct and got denied twice. the system is rigged against workers. my boss straight up lied in the hearing and the ref believed every word.

Public transportation issues are definitely considered good cause! In PA unemployment law, misconduct requires DELIBERATE violation of rules. If you were late due to bus delays that's not deliberate. For your hearing: 1. Bring screenshots of those texts to your supervisor 2. Print out any bus schedules/service alerts if available 3. Clarify that company policy allowed 5 tardies but you only had 3 4. Stay focused on the facts - don't get emotional Also, make sure you continue filing your weekly claims during the appeal process! Many people forget this and lose benefits even if they win the appeal.

I had a similar situation in 2023 and WON my appeal!! My company fired me for "excessive absences" but I had documentation showing most were approved FMLA days. The key was PROVING my side - I had emails, doctor's notes, and witness testimony. Make sure you emphasize to the referee that 3 tardies is LESS than the 5 allowed by company policy! That's a crucial point. If they didn't follow their own policy, that works in your favor. One thing that helped me was writing down all my points beforehand so I didn't forget anything important during the hearing. I was super nervous too but it ended up being less intimidating than I expected.

If youre having trouble getting through to PA UC on the phone to ask questions before your hearing, I recommend trying Claimyr. I was in a similar situation last month and needed to talk to an actual person about my appeal but kept getting busy signals. Claimyr.com got me through to a rep in about 30 minutes instead of spending days trying. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 It was worth it for me because the UC agent gave me specific advice about what documentation to bring to my hearing.

dude ur overthinking this. just tell them u were trying ur best and buses run late sometimes. not ur fault. they cant expect perfect attendence thats crazy

One more important tip: During your hearing, make sure to clarify the definition of "willful misconduct" under PA law. It requires DELIBERATE disregard of the employer's interests or negligence that manifests "culpability, wrongful intent, or evil design." Being late because of public transportation issues doesn't meet this standard. Also, if the employer claims you violated their policy but they didn't follow their own policy (5 strikes vs. the 3 you had), that significantly weakens their case. Just be truthful, stick to the facts, and let the referee see that you're a responsible employee who had some legitimate transportation issues - not someone deliberately breaking rules.

I work in HR (not giving legal advice) but I've seen many UC cases. Here's what often gets overlooked: If your employer did not enforce their attendance policy consistently, that MATTERS. Were other people allowed to have 3+ tardies without being fired? That's important. Also, did they ever formally warn you about your attendance before termination? If they didn't follow a progressive discipline process that they use with others, mention that. Lastly, UC referees are generally fair in my experience. They follow the law, not just what employers want. I've seen plenty of employees win these appeals when the facts support their case.

Yes, absolutely mention both of those points! Inconsistent enforcement of rules and lack of progressive discipline are both factors that can help your case. PA unemployment referees often consider these elements when determining if there was actual misconduct. Document the names of coworkers with similar or worse attendance who weren't fired if you can. The more specific details you can provide, the stronger your case will be. Best of luck with your hearing!