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Matthew Sanchez

PA UC telephone appeal hearing today - fired from daycare job, false accusation, what are my chances?

I'm so nervous! My PA unemployment appeal hearing is happening by phone TODAY and I don't know what to expect. My situation: I worked at a daycare center for 2 years as a kitchen manager but also covered staff breaks. I was terminated after a coworker claimed she saw me push a child's face away when the child was spitting. I absolutely DID NOT do this - the child was definitely spitting (which is in our incident reports) but I never touched her face or pushed her in any way. I filed for UC benefits right away but was denied because employer claimed misconduct. I immediately filed an appeal because this is a completely false accusation with zero evidence besides this one coworker's word against mine. No parents complained, no child was hurt, and there were no witnesses besides this one staff member who honestly never liked me. Does anyone have experience with these telephone appeals? What kind of questions will they ask? What are my chances when it's literally just her word against mine? I've never been written up before this incident and had perfect attendance. Any advice before my hearing would be seriously appreciated!!!

Ella Thompson

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I went through a PA UC appeal hearing last year and won. Here's what to expect: The referee will swear everyone in and explain the process. Your employer speaks first, then you get to tell your side and question them. Since there's no actual evidence beyond someone's accusation, focus on your clean work record and lack of previous incidents. Make sure to clearly state that the child was spitting (which is documented) but you never touched her. Ask the coworker how far away she was, if anyone else saw it, and if there's any documentation beyond her word. Speak slowly and be respectful - don't interrupt even if they're lying. Good luck!

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Thank you SO MUCH! This is really helpful. Should I mention that this coworker and I had some past disagreements about break schedules? Or would that make me look petty?

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JacksonHarris

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OMG the SAME THING happened to me but at a nursing home!!! False accusation with ZERO proof and they denied my benefits!!!! I was so upset I couldn't even think straight during my hearing and I LOST MY APPEAL because I got too emotional and couldn't explain myself clearly. DON'T DO WHAT I DID!!! Stay calm even when they lie!!!! Write down all your main points before the call so you don't forget anything important!!!!!

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I'm so sorry that happened to you! I'm definitely nervous about getting emotional. I have some notes prepared but I'm worried I'll still freeze up when I hear what they're saying about me. Did the referee ask you a lot of questions or just let both sides talk?

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my sister had a appeal last month she said just answer yes/no when possible dont ramble on with long storys the judge gets annoyed. also dont talk over anyone even if there saying stuff that makes u mad. good luck!

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Ella Thompson

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This is excellent advice. Referees handle multiple cases every day and appreciate claimants who are concise and respectful. Definitely wait until they ask if you have anything to add before explaining your side fully.

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Royal_GM_Mark

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I've been through three UC appeals in Pennsylvania (won 2, lost 1). In a case like yours where it's one person's word against another, the referee will be looking at a few key factors: 1) Your work history - any prior warnings or discipline? 2) Credibility of both parties during testimony 3) Whether the alleged behavior actually violates work policy 4) If the employer followed their own disciplinary procedures Make sure to ask if the daycare had a progressive discipline policy they should have followed. If they skipped steps in their own policy, point that out. Also, ask if your accuser documented the incident immediately or if there was a delay. Inconsistencies in their story will help your case. Stay calm, stick to facts, and don't get defensive. In my experience, when it's just one person's word with zero other evidence, the referee often rules in the claimant's favor.

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This is so helpful! They do have a 3-warning policy in the handbook but totally skipped that with me. I'll definitely bring that up. The incident supposedly happened on a Tuesday but wasn't reported until Thursday, so there was a delay too. Thank you for these specific points to mention!

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just curious what time is your hearing? they scheduled mine for 7:30am and i was half asleep lol. also do you have any witnesess who can back up your side of things?

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Mine's at 2pm today. Unfortunately no witnesses on my side - it supposedly happened during nap time when most staff were in different rooms. That's why it's so frustrating, just her word against mine with absolutely no proof.

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Chris King

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Listen, I went through HELL trying to reach someone at PA UC when I had my appeal last year. Kept getting busy signals and disconnections when I had questions about the process. I finally found a service called Claimyr that got me through to an actual person at UC so I could ask questions before my hearing. It made a huge difference in my preparation. Check them out at claimyr.com - they have a video that shows how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. I was actually able to talk to someone who explained exactly what documents I needed and how to present my case. Worth every penny since I won my appeal.

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does that actually work? i tried calling like 50 times yesterday and couldn't get through

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Chris King

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Absolutely worked for me. I was skeptical too but I was desperate after trying for days. Had a UC rep on the phone within 20 minutes to explain the whole appeal process to me.

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Ella Thompson

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One more important tip: ask for a copy of your personnel file before the hearing if possible. If not, ask during the hearing if there are any written statements about the incident from your accuser or anyone else. The referee can request these documents. Make sure to point out that no incident report was filed with the parents, which would be standard procedure for any actual incident involving inappropriate touching of a child. That's a huge point in your favor - if you had actually pushed a child's face, there would be documentation for the parents.

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Oh that's such a good point! There definitely wasn't any parent incident report because nothing actually happened. I'll make sure to bring that up. I did ask for my personnel file but they said it would take 5 business days and my hearing is today, so I won't have it in time.

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JacksonHarris

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I'm still SO BITTER about my appeal hearing!!!! The system is RIGGED against workers!!!!! My employer straight up LIED and the referee just BELIEVED THEM!!! Then I had to wait SIX WEEKS for my decision which was of course DENIED!!! Now I'm appealing to the board which takes even LONGER!!! I hope you have better luck than me but don't count on it!!!!!

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Royal_GM_Mark

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While I understand your frustration, I want to clarify for the OP that this isn't the typical experience. PA UC appeal referees are generally fair and base decisions on evidence presented. In cases with no documentation or witnesses, they often rule in favor of the claimant. The key is staying calm, being prepared, and sticking to verifiable facts. Emotional testimony isn't as persuasive as calm, factual statements.

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Rachel Clark

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When I had my phone appeal last year, the connection was terrible and I could barely hear what was happening. Make sure you're somewhere with good reception and no background noise. Also they were running 45 minutes late for my scheduled time so be prepared to wait. Keep your phone charged and don't miss their call or you might lose by default.

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Thanks for the tip - I'll make sure I'm in a quiet place with good reception. Did they call from a specific number I should watch for or is it just unknown/private?

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Rachel Clark

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Mine showed as 'No Caller ID' so answer any calls around your scheduled time even if they don't show a number.

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Royal_GM_Mark

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Following up after your hearing - how did it go? In my experience, you typically won't get a decision immediately. They usually mail the determination within 7-14 days, though sometimes they tell you verbally at the end of the hearing.

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It just finished! It went about 45 minutes. They did exactly what you all said - employer spoke first, then me. My former boss actually admitted they didn't follow their progressive discipline policy (!!!) and my coworker got confused when questioned about the timing of the incident. The referee specifically asked if there was any documentation given to parents, and they had to say no. I stayed calm even when they were saying things that weren't true. The referee said I'll get a written decision in 7-10 days, but honestly I feel pretty good about how it went! Thank you all SO MUCH for your advice!!!

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Sophie Duck

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That's fantastic news! It sounds like you handled it perfectly - staying calm while they contradicted themselves probably made a huge impression on the referee. The fact that your boss admitted they didn't follow their own progressive discipline policy is huge, and your coworker getting confused about timing details definitely hurt their credibility. Those are exactly the kinds of inconsistencies that win these cases. I'm really optimistic about your chances based on how you described it going. Please update us when you get the written decision!

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Libby Hassan

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That sounds like it went really well! The employer admitting they didn't follow their own progressive discipline policy is a huge win for your case - that shows they acted inappropriately regardless of whether the incident happened or not. And when witnesses start getting confused about basic details like timing, it really damages their credibility. You did exactly the right thing staying calm and factual. Fingers crossed for a positive decision! Make sure to update us when you hear back.

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