What happens at PA UC appeal hearing? Mine's Feb 16 & I'm nervous
I just got notice my PA unemployment appeal hearing is scheduled for February 16th (next Friday!!) and I'm freaking out. This is my first time dealing with this. Got denied initially because my former boss claimed I was fired for misconduct, but I was actually laid off due to budget cuts. What actually happens during these hearings? Do I need to prepare documents? Will I be on camera or just phone? Really stressing out since I've already gone 6 weeks without benefits and my savings are almost gone.
18 comments
Asher Levin
I had my appeal hearing last month, so I can tell you exactly what to expect. It's usually by phone (not video), and lasts about 30-45 minutes. The referee will swear everyone in, explain the process, then let both sides tell their story. Make sure you have any evidence ready - emails about the layoff, performance reviews, anything that proves you were laid off and not fired for cause. The most important thing is to stay calm and stick to facts. Have notes ready but don't read from a script. My hearing went well and I got my decision letter about 10 days later with back benefits paid.
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Haley Stokes
β’Thank you!!! Did your employer actually show up for the hearing? I'm worried mine will and just lie about everything. Should I mention the fact that 3 other people in my department were also laid off at the same time?
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Serene Snow
DONT PANIC!! but be PREPARED!! I had 2 different appeal hearings last year and won both of them. The system is DESIGNED to deny first then make u appeal, its how they save $$$$. Definitely mention the other layoffs thats HUGE evidence in your favor. Your boss will probably lie but the referees are good at spotting bs. DOCUMENT EVERYTHING and have it organized by date. if ur employer has no proof of misconduct they will lose, period.
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Haley Stokes
β’That's a relief to hear. I do have the original email from my manager announcing the department restructuring. Should I submit that before the hearing or just have it ready to reference during the call?
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Issac Nightingale
hey so when you call in ypull be in a kinda waiting room first til the referee is ready and then theyll add your employer if they show up. my boss didnt even bother showing up to mine so it was really easy lol. but ya if u have 3 other ppl who got laid off thats proof right there its not misconduct. good luck!
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Haley Stokes
β’I hope my employer doesn't show either! But I should probably prepare like they will, just to be safe.
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Romeo Barrett
I've been through a few PA UC appeals, and I recommend submitting ANY documentation you have before the hearing. Email it to the referee using the contact info on your hearing notice. This gives them time to review it, and it's officially part of the record. Definitely mention the other layoffs - that's strong evidence it was a true reduction in force, not individual misconduct. The referee will usually ask specific questions about dates and events, so have a timeline ready. And don't interrupt your employer when they speak - you'll get your turn to respond to anything they say.
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Haley Stokes
β’This is really helpful! The notice has an email address to send documents to, so I'll definitely do that before the hearing. Should I also try to get statements from my coworkers who were laid off too?
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Marina Hendrix
If you're having trouble getting through to anyone at unemployment to ask questions before your hearing, try Claimyr (claimyr.com). I was in a similar situation with an appeal coming up and couldn't get answers about the process. Used their service and got connected to a PA UC rep in about 10 minutes instead of spending days trying. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. Totally worth it to get my questions answered before my hearing.
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Justin Trejo
β’I've seen this recommended before. Does it really work? I've been trying to reach someone at UC for over a week with no luck.
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Marina Hendrix
β’Yeah it actually does work. I was skeptical too but was desperate after trying for 3 days straight to get through. Got connected in like 12 minutes and the UC rep was able to answer all my questions about the appeal process.
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Alana Willis
I work in HR (not giving legal advice) but general info - in PA appeals, burden of proof for misconduct is on the EMPLOYER not you. If they claim misconduct but can't document warnings/disciplinary actions/policy violations, they typically lose. Make sure to clearly state it was a layoff affecting multiple employees. Also mention if they gave you any kind of severance or package - that's inconsistent with firing for cause. The fact that others were laid off at the same time is extremely relevant - definitely emphasize this point.
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Haley Stokes
β’That's really good to know about the burden of proof! They did give me two weeks severance, so I'll definitely mention that. Thank you!
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Justin Trejo
ok but has anyone actually HAD their employer lie during these things?? mine totally made up that I had been warned multiple times but I had zero warnings ever! I was so shocked I didn't know what to say and I lost my appeal because of it. make sure you say "I was never warned about this" if they claim you were. I wish I had been more prepared for how they would just straight up lie!!
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Asher Levin
β’This happens more than you'd think. If your employer makes a claim (like previous warnings), the referee will usually ask for documentation. If they can't provide it, their claim isn't given much weight. That's why it's crucial to calmly but firmly contradict false statements and ask what documentation they have of these alleged warnings.
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Haley Stokes
Update: I'm feeling much better about the hearing now! I've gathered my documentation (layoff email, performance reviews, etc.) and emailed them to the referee. I also found out two of my former coworkers already had successful appeals for the same reason, which gives me hope. Thanks everyone for the advice - will update after the hearing next week!
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Asher Levin
β’That's great news about your coworkers winning their appeals! That creates a precedent that will help your case significantly. Good luck and let us know how it goes!
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Serene Snow
β’SUCCESS!! ππ Sounds like youre totally prepared now. The fact that coworkers won already is HUGE!!! U got this!!
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