Won PA UC appeal when employer withdrew contest during hearing - is approval guaranteed?
Just had my PA unemployment appeal hearing this morning (after waiting nearly 5 weeks!). My former employer actually showed up (which I wasn't expecting). We both presented our sides about the termination - I explained how I was let go without proper warning after a minor scheduling misunderstanding. After I finished explaining my side, my employer suddenly said ON THE RECORD that they "no longer wish to contest the unemployment claim and agree benefits should be paid." The referee just nodded and said they'd mail the decision. I'm cautiously optimistic but don't want to celebrate too early... Once an employer withdraws their contest during the actual hearing, is that basically an automatic win? Or can the referee still deny my benefits for some reason? Has anyone experienced this exact situation?
19 comments
Giovanni Ricci
This happened to me back in January! When my employer withdrew their contest during the hearing, I got approved within 3 days. The referee technically still makes the final decision, but in my experience once the employer backs down like that, it's basically a guaranteed win. The referee is mainly there to determine if your separation from work qualifies under PA UC eligibility rules, and if the employer isn't disputing it anymore, there's usually no reason for denial.
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Amara Eze
•That's such a relief to hear! Did you receive back payments for all the weeks while you were waiting for the appeal hearing? I've been filing weekly claims this whole time but nothing has been paid yet.
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NeonNomad
congrats!! ur gonna get it for sure. my cousin had the exact same thing happen last yr and got approved no problem
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Fatima Al-Hashemi
Actually this isn't 100% guaranteed. I had a similar situation in 2023 where my employer withdrew their contest but the referee STILL denied my claim because they decided independently that I had violated company policy based on documentation the employer had already submitted. The referee has to make their own determination regardless of what the employer says during the hearing. Appeal decisions are supposed to be based on PA unemployment eligibility law, not just on whether an employer contests.
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Amara Eze
•Oh no, that's concerning! Did you end up appealing to the UC Board of Review? I'm wondering if I should prepare for that possibility just in case.
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Fatima Al-Hashemi
•Yes, I appealed to the Board of Review and eventually won, but it took another 7 weeks. Make sure you keep filing your weekly claims while you wait for the decision letter. The referee should be making their decision based on facts and law, not just the employer's position, but in most cases when an employer withdraws their contest, you'll be fine. My situation was unusual.
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Dylan Mitchell
In my experience with unemployment in PA (former HR here), when the employer withdraws their contest during the hearing, the referee almost always rules in favor of the claimant. The only exceptions I've seen are when there's some very clear ineligibility issue like you weren't employed long enough to qualify or there's fraud involved. If it was just a routine firing dispute and they backed down, you should be good!
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Sofia Martinez
I went through EXACTLY what ur describing!!! My boss showed up at my hearing all ready to fight then halfway through just gave up and said they wouldn't contest anymore!!! I was SO NERVOUSE for the next 5 days waiting for the letter but I GOT APPROVED!!! The letter literally mentioned that the employer withdrew their appeal as part of the decision. Ur gonna be fine!!!! Make sure u keep certifying every week while u wait tho!!!
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Amara Eze
•Thanks for sharing your experience! Did they pay you for all the back weeks during the appeal wait time, or did you have any issues getting those payments?
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Sofia Martinez
•Yep got paid for everything! Like 7 weeks all at once it was a huge relief. Just took about 4-5 days after I got the official decision letter.
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Dmitry Volkov
While the referee does have the final say, when an employer withdraws their contest during the hearing, it typically results in approval. The referee still needs to ensure you meet all other UC eligibility requirements, but the separation issue (which is usually the main dispute) is essentially resolved in your favor when the employer concedes. Keep filing your weekly certifications and you should receive a favorable decision in 7-10 days. If you need to check on your claim status before then, I recommend using Claimyr (claimyr.com) to get through to an actual UC rep by phone. They helped me finally reach someone after weeks of busy signals. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2
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Ava Thompson
•i tried calling UC yesterday and got disconnected 5 times!!! might try this service if i don't hear anything by next week
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Ava Thompson
I HAD THE EXACT SAME SITUATION BUT THE REF STILL DENIED ME!!!! The whole system is rigged against workers, don't get your hopes up. My employer said they weren't contesting anymore and I STILL got denied because of some "work rule violation" BS that the referee decided on his own. Took me 3 months and another appeal to finally get my benefits. The UC system in PA is completely broken.
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Dylan Mitchell
•That's unusual unless there was clear documentation of misconduct. What kind of work rule violation did they cite? Most referees don't go against both parties when they're in agreement.
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Ava Thompson
•They said I had "excessive absences" even though my employer literally said at the hearing they weren't contesting anymore! It was completely unfair and I had to fight it all the way to the Board of Review.
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Amara Eze
Thanks everyone for your responses! I'm feeling more optimistic now, though still a bit nervous. Just to update - I checked my dashboard this morning and it still shows the appeal as "pending" with no payments released yet. I'll definitely keep filing my weekly claims. Does anyone know how long it typically takes for the referee's decision to show up in the system after the hearing?
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Giovanni Ricci
•In my experience, you'll get the decision letter in the mail before anything changes in the system. It took about 5-7 days for me to get the letter, and then my online dashboard updated about 2 days after that. Once it updates, the payments usually process within 48 hours if you've been filing consistently.
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Amara Eze
•That's really helpful to know, thank you! I'll keep an eye on my mailbox.
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NeonNomad
my hearing was last month and it took like 8 days to get the letter so dont worry if it takes a while!!
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