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What to expect at PA UC phone appeal hearing? Extremely nervous!

I just got my notice of a telephone appeal hearing for my PA unemployment claim next Thursday. This is my first time ever having to do something like this and I'm freaking out! My employer is saying I was fired for misconduct but I was actually laid off due to lack of work. They're fighting my claim and now I have to defend myself in this hearing. Can anyone tell me what these phone hearings are like? How formal is it? Do I need to prepare anything specific? Should I have a lawyer? I'm so stressed about this I can barely sleep.

I went through a phone appeal hearing last year. It's formal but not like a courtroom drama. The referee will start by explaining the process and swearing everyone in. Then your employer will likely present their case first since they're contesting your claim. You'll get a chance to tell your side and respond to their claims. Here's what helped me WIN my case: 1. Have all your documents organized and in front of you (termination letter, emails, performance reviews) 2. Write down key points you want to make so you don't forget when nervous 3. Stick to facts rather than emotions 4. Be honest - the referee can spot inconsistencies Most importantly, be prepared to explain specifically why you were laid off, not fired for misconduct. If you have any documentation showing the layoff was due to lack of work, have that ready.

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Thank you so much for this detailed response! So they'll let me tell my side of the story? I'm worried my employer will lie about what happened. I do have some emails about the department restructuring and texts from my supervisor mentioning budget cuts. Should I send these to the referee before the hearing?

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dont worry too much, its not like court on tv. i had my appeal over phone last month. the referee was nice but kinda rushed thru everything. make sure u mute ur phone when not talking cause they can hear EVERYTHING lol. my cat knocked something over during mine and it was embarassing. also write down dates of everything that happened with ur job ending so u dont get confused when they ask. good luck!

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Thanks for this! Good tip about muting the phone - I have a dog who loves to bark at the worst times! Did you have your hearing decision the same day or did you have to wait to find out the result?

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The PA unemployment system is RIGGED against workers!!!! I had my hearing and the referee barely let me talk while my employer got to ramble for 20 minutes with lies!!! They'll probably side with your employer because that's what they always do. Companies pay into the system so UC offices protect them. RECORD THE CALL if you can because they might misquote you in the decision!!

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This is not accurate advice. The system isn't perfect but referees are generally fair. Recording the call without permission could actually create legal issues in PA which is a two-party consent state. Please be careful about spreading misinformation that might make people more anxious.

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Did you receive the hearing packet in the mail? It should contain all the evidence that will be presented during the hearing. Review it VERY carefully because that's what the referee will be looking at. If your employer submitted documents you disagree with, be ready to address them specifically. Also, if you have witnesses who can confirm you were laid off due to lack of work, they can testify during the hearing.

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Yes, I got the packet yesterday! It has some attendance records they're using to claim I was unreliable, but they're mixing up excused absences with unexcused ones. I should definitely address this point by point, right? I hadn't thought about witnesses - my coworker who was laid off the same day would probably be willing to testify.

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i had my appeal in january after waiting 2 months!!! anyway my hearing was at 9am and i couldn't get through on the phone number they gave me kept saying busy!!! i panicked and trying for 15 mins and finally got in but was late and the referee was annoyed but still let me join. so make sure you call early!!!! also has anyone else noticed the UC system is way worse since covid?

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I'm actually dealing with trying to get through to PA UC right now for a completely different issue. Been calling for days with no luck - just busy signals or disconnects after waiting on hold. I found this service called Claimyr that helped me actually reach a person. You might want to check it out at claimyr.com if you need to talk to someone at UC before your hearing to ask questions. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 For the hearing itself, I'd recommend being in a quiet room, have a notepad, and speak clearly. Good luck with everything!

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That's really helpful - I actually do have some questions I need answered before the hearing. I'll check out that service. Did you find it worked well? I'm desperate to talk to someone who can explain some of the terminology in the hearing packet.

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Since your employer is claiming misconduct but you're saying it was a layoff, the burden of proof is actually on THEM, not you. PA UC law requires the employer to prove willful misconduct. If they can't, you should win your appeal. One more tip: when it's your turn to speak, ask the referee if you can give a brief statement explaining what happened before answering specific questions. This helped me organize my thoughts. Hearings usually last 30-45 minutes, and you'll typically get the decision in the mail within 1-2 weeks.

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That's so good to know about the burden of proof! I didn't realize that. I'll definitely ask if I can give a statement first. I'm feeling a little better about this now, but still nervous. Going to spend the weekend organizing all my evidence.

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I represent claimants in UC appeals, and I'd offer a few additional points: 1. The referee can only consider evidence presented during the hearing, so if you have documentation, be prepared to describe it in detail during your testimony. 2. If your employer doesn't show up for the hearing, you still need to testify and make your case. Don't assume an automatic win. 3. Avoid interrupting others, even if they say something untrue. Make notes and address it when it's your turn. 4. Focus on why the separation was due to lack of work rather than any performance issues. After the hearing, if the decision is unfavorable, you have 15 days to appeal to the UC Board of Review.

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And how much do lawyers like you charge for these hearings? $500? $1000? Most unemployed people cant afford that!!! The system is designed to make workers need lawyers they cant afford!

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Make sure you're in a place with good phone reception for the hearing! My connection kept breaking up during mine and I missed some important questions. Also, my hearing was supposed to be 30 minutes but went almost 90 because my former employer brought in two witnesses I wasn't expecting. Be prepared for it to go longer than scheduled.

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I just went through this whole process and got my decision yesterday (I won!). One thing nobody mentioned - at the start of the hearing, the referee will ask if you received the hearing packet and if you have any additional evidence to submit. If you have those emails about restructuring and budget cuts, tell the referee you want to submit them at this time. Also, when I used Claimyr to reach someone at UC before my hearing, they were actually able to explain exactly what to expect and gave me some tips specific to my case. Definitely worth calling to ask questions beforehand if you're nervous. Good luck! The waiting for the decision was the hardest part for me.

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Congratulations on winning your appeal! That's really encouraging. I'm definitely going to try to submit my additional evidence. Thank you for the detailed advice - this community has been so helpful and I'm feeling much more prepared now.

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