How to Appeal an Unemployment Denial in Pennsylvania – Guide

• Determination Date: The date the determination was issued—this is the date from which your 21-day appeal deadline is counted.

• Reason for Denial: A clear statement of why your benefits were denied (e.g., misconduct, voluntary quit without necessitous and compelling cause, able and available issues).

• Law References: Citations to the specific sections of Pennsylvania Unemployment Compensation Law that apply to your case.

• Factual Findings: A summary of the facts the UC Service Center used to make the determination, often based on information from your employer or your claim interview.

• Appeal Instructions: Information about your right to appeal, the 21-day deadline, and the included Petition for Appeal form (Form UC-46B).

Willful Misconduct: You were discharged for deliberate violations of work rules, repeated negligence, or behavior that showed a disregard for the employer’s interests.

Voluntary Quit Without Necessitous and Compelling Cause: You resigned from your job for reasons that Pennsylvania law does not consider “necessitous and compelling” under Section 402(b) of the UC Law.

Not Able and Available: You cannot work full-time, are unavailable during normal business hours, or have restrictions that prevent you from accepting suitable work.

Refusal of Suitable Work: You turned down a job offer that the UC Service Center considered suitable based on your work history and qualifications.

Insufficient Wages: You did not earn enough wages during your base period to qualify financially for unemployment benefits.

💡 Pro Tip: Read your determination notice carefully and identify exactly which law section is cited. This will help you understand what the state must prove and what you need to disprove or explain in your appeal.

⏰ Start Date & Countdown

Your 21-calendar-day appeal deadline begins on the “determination date” printed on your Notice of Determination—this is the date the determination was issued, not the date you received it. The 21-day period includes weekends and holidays. Your appeal must be filed within 21 days from the determination date. When the 21st day falls on a Saturday, Sunday, or legal holiday, the appeal period is extended to the next business day.

• Online: Your appeal must be filed through your PA UC account within 21 days of the determination date.

• By Mail (US Postal Service): The filing date is the US Postal Service postmark date, the date of a Postal Service certificate of mailing, or the date of a Postal Service certified mail receipt. Keep your proof.

• By Fax: The filing date is the date imprinted by the receiving fax machine. Save your fax confirmation report.

• In Person: Your appeal must be delivered to a PA CareerLink office within 21 days. Get a date-stamped copy as proof.

⚠️ Important: Do not wait until the last day to file your appeal. Mail delays, fax transmission errors, or system issues can cause you to miss the deadline. File as soon as possible after receiving your determination.

✅ Option A: File Online (Recommended)

The fastest and easiest way to file your appeal is through your Pennsylvania UC online account. This method provides instant confirmation that your appeal was received.

How to File Online:

1. Log In: Go to benefits.uc.pa.gov and log in to your UC account.
2. Navigate to Appeals: Find the determination you’re appealing in your UC dashboard and select the option to file an appeal.
3. Complete the Form: Fill out the online appeal form, explaining clearly why you disagree with the determination. Be specific and provide all your reasons and facts.
4. Submit: Submit your appeal electronically. The system will show that your appeal has been filed.
5. Save Confirmation: Print or screenshot your confirmation page as proof of submission.

📋 Option B: Use the Petition for Appeal Form (UC-46B)

Your determination notice includes a Petition for Appeal (Form UC-46B). You can complete this form and submit it by mail, fax, or in person.

How to Complete Form UC-46B:

1. Fill Out Your Information: Include your name, address, Social Security number (or last 4 digits if faxing), and phone number.
2. Date of Determination: Write the determination date from your notice.
3. Reason for Appeal: Explain clearly why you disagree with the determination. Be specific and include all relevant facts.
4. Sign and Date: Sign the form and date it.
5. Submit: Mail, fax, or deliver the form to the address provided on your determination notice.

📮 Option C: Write an Appeal Letter

If you prefer not to use the official form, you can write a letter stating your appeal. Your letter must include specific information to be considered valid.

What to Include in Your Appeal Letter:

1. Your Full Name and Address
2. Your Social Security Number (or last 4 digits if faxing)
3. Your Phone Number
4. The Date of the Determination Being Appealed
5. A Clear Statement: “I appeal the determination dated [date] denying my unemployment compensation benefits.”
6. Explanation: State why you disagree with the determination. Be specific and include all relevant facts.
7. Your Signature and Date

📍 Where to Send Your Appeal

Pennsylvania accepts appeals by mail, fax, email, and in person at PA CareerLink offices. Note: You may NOT file an appeal in person at a UC Service Center.

🏢 Option D: File in Person at PA CareerLink

You can submit your appeal (form or letter) in person at any PA CareerLink office. The PA CareerLink representative will forward your petition for appeal or letter of appeal to the UC Appeals office. Bring your determination notice and ask for a date-stamped copy as proof of submission.

Find Your Local PA CareerLink Office

• Date and Time of Your Hearing: Your hearing will be scheduled at a specific date and time.

• Appeal Number: A unique number you’ll use to reference your case.

• Location or Phone Number: The hearing location (if in-person) or phone number (if telephone hearing).

• Referee’s Contact Information: Name, phone number, fax number, and mailing address of the Referee assigned to your case.

• Issues to Be Decided: The specific questions the Referee will address (e.g., whether your discharge was for willful misconduct).

• Instructions: How to participate in the hearing and how to request accommodations or interpreter services.

How to Request a Telephone Hearing:

Contact the Referee’s office listed on your Notice of Hearing as soon as you receive it and request that your hearing be conducted by telephone. The Referee’s office will arrange the telephone hearing and provide you with instructions.

💡 Pro Tip: Make your request early—don’t wait until the last minute. The Referee’s office needs time to arrange the telephone conference.

• Days 1-21: File your appeal within 21 calendar days of the determination date on your notice.

• Weeks 2-6: Your appeal is processed and assigned to a UC Referee. Timelines vary depending on caseload.

• Notice of Hearing: You receive your hearing notice with the date, time, location (or phone instructions), and Referee information. Hearings are typically scheduled approximately 30 days from the date you filed your appeal.

• Hearing Day: You participate in an in-person or telephone hearing with the Referee and the employer (if they appear).

💡 Pro Tip: Check your mail regularly and make sure the UC Service Center has your current address. Missing your Notice of Hearing can seriously harm your case. If you move, update your address immediately in your UC account or by contacting the UC Service Center.

• Text Messages & Emails: Communications with your employer, supervisor, or HR about the incident or your separation.

• Pay Stubs & W-2s: Proof of employment, wages, and work dates.

• Performance Reviews: Evaluations showing satisfactory or excellent performance (especially helpful if you’re accused of poor performance or misconduct).

• Medical Records or Doctor’s Notes: If you quit or were fired due to health reasons, disability accommodation requests, or injury.

• Photos or Screenshots: Visual evidence of working conditions, safety hazards, harassment, or relevant documentation.

• Company Policies or Handbook: Written policies (especially if the employer claims you violated a policy you were never told about).

• Written Warnings or Disciplinary Records: If you received warnings, bring them. If you didn’t receive warnings, point that out.

• Witness Statements: Written, signed statements from coworkers or others with firsthand knowledge of the situation.

⚠️ Important: Any documents you want to submit as evidence should be brought to the hearing. If you’re having a telephone hearing, you should submit copies to the Referee’s office in advance of the hearing (by mail, fax, or email) so they can be reviewed by the Referee and circulated to all parties. Contact the Referee’s office for specific instructions.

• Contact Witnesses in Advance: Confirm they are available and willing to participate in the hearing (in-person or by phone).

• Prepare Them for Testimony: Explain what the hearing is about and what questions they might be asked.

• Notify the Referee: Let the Referee know in advance if you plan to have witnesses. Provide their names and contact information.

• Request Subpoenas (If Necessary): If a witness refuses to appear voluntarily, you can request that the Referee issue a subpoena to compel their attendance. You will be responsible for serving the subpoena.

• Keep Them Available: Witnesses should be ready to participate during the hearing until the Referee calls them to testify.

• Write an Outline: Before the hearing, write down the points you want to cover. Make a checklist of the facts you feel are important. Organize your story chronologically with dates, times, and names.

• Address the Reason for Denial: Specifically explain why the employer’s version of events is incorrect or incomplete, or why the UC Service Center’s determination was wrong.

• Stick to What You Know: Only testify about things you personally saw, heard, or did. Don’t speculate or guess.

• Write Down Questions: Write down any questions you want to ask your witnesses or the opposing side (your employer). Use your list to make sure you don’t forget anything.

• Be Honest: If you don’t know or don’t remember something, say so. Never lie or exaggerate—it will destroy your credibility.

💡 Resources for Legal Help: Contact Pennsylvania Legal Aid (palegalaid.net), your local bar association, or a law school clinic for free or low-cost legal assistance.

• Know Your Appeal Number: This is the number on your Notice of Hearing. You’ll use it to reference your case.

• Have All Documents Ready: Keep your Notice of Hearing, all evidence, and notes organized and within reach.

• Find a Quiet Location (Telephone): If your hearing is by phone, choose a private, quiet place free from background noise, interruptions, children, or pets.

• Arrive Early (In-Person): If your hearing is in-person, arrive at least 15 minutes early. Bring a photo ID and your Notice of Hearing.

• Request Accommodations: If you or your witnesses need language interpretation or disability accommodations, notify the Referee’s office as early as possible.

• Be Present and Ready: Be ready at the scheduled hearing time. If it’s a telephone hearing, the Referee will call you. If it’s in-person, be in the hearing room and ready to begin.

1. Opening & Introduction: The Referee will introduce themselves, confirm the identities of all parties, explain the hearing process, review the issues to be decided, and explain the order of testimony. The Referee will then swear everyone in under oath.

2. Review of the Record: The Referee will review the documents already in the record and identify any exhibits submitted by the parties.

3. Testimony: Each party will present their testimony and evidence. The Referee will ask questions to clarify facts and ensure a complete record. You and the employer may ask questions of each other and each other’s witnesses (cross-examination).

4. Witnesses: If you have witnesses, the Referee will call them when it’s time for their testimony. Each witness will be sworn in and asked to testify about what they know.

5. Closing Statements: Both parties may make a brief closing statement summarizing their case and why they believe they should prevail.

6. End of Hearing: The Referee will close the record and explain when you can expect a written decision (typically mailed within a few weeks).

✅ Be Punctual: Be ready at the scheduled time. If it’s a telephone hearing, the Referee will call you—don’t call them unless instructed.

✅ Answer Clearly & Directly: Listen carefully to each question and answer truthfully. Say “yes” or “no” rather than “uh-huh” or “mm-hmm.”

✅ Stay Calm & Professional: Remain respectful even if you disagree with the employer’s statements. Do not interrupt or argue.

✅ Tell the Truth: Honesty is essential. If you don’t know or don’t remember something, say so.

✅ Take Notes: Write down key points and questions you want to address when it’s your turn to speak or cross-examine.

✅ Ask for Clarification: If you don’t understand a question, politely ask the Referee to repeat or rephrase it.

✅ Address the Referee as “Referee”: This is the proper and respectful way to address the decision-maker in Pennsylvania unemployment hearings.

⚠️ Warning: If you’re late to the hearing, the Referee may proceed without you. Make every effort to be on time and ready to participate.

✅ What to Do Next: Continue filing claims and looking for work. Follow all UC requirements to maintain eligibility.

• Deadline: You must appeal no later than 21 calendar days after the “decision date” provided on the Referee’s decision. Always follow the deadline printed on your Referee decision. If the 21st day falls on a Saturday, Sunday, or legal holiday, the appeal period is extended to the next business day.

• How to File: Submit a written appeal through your UC account, by mail, email, fax, or in-person delivery to a PA CareerLink. Your appeal must include the appeal number, the date of the Referee’s decision, and the reason for your appeal.

• Where to File (Appeal to UC Board of Review): Submit to the UC Board of Review:

⚠️ Important: Use these contacts for APPEAL TO UC BOARD OF REVIEW

Fax: 717-346-4484
Email: UCBoardAppeals@pa.gov

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