Appealing Unemployment
Unemp. Comp. Law 502 — twenty-one days at each step, and a referee who hears it fresh
Twenty-one calendar days. A determination by the department is final unless the claimant, the last employer or a base-year employer files an appeal with the board and applies for a hearing no later than twenty-one calendar days after the "Determination Date" on the notice.
The hearing. A referee, after giving the parties and the department a reasonable opportunity for a fair hearing, affirms, modifies or reverses the department's findings and determination. The parties and their attorneys or other representatives are notified of the time and place. Referees conduct their hearings de novo, and no referee who is an interested party may hear the case.
| The decision | The time to appeal it |
|---|---|
| The decisionA determination of the department | The time to appeal itTwenty-one calendar days after the "Determination Date", by appeal to the board and an application for a hearing |
| The decisionA referee's decision | The time to appeal itTwenty-one days after the "Decision Date", unless the board takes it up on its own motion |
The recording. Testimony before a referee is taken by a recording device and kept for ninety days after the time to appeal the final decision runs out. An unabridged transcript and audio recording are made available to the parties and their representatives on written request to the referee, at cost if not used for unemployment compensation purposes or a later appeal.
It does not decide anything else. No finding of fact or law, judgment, conclusion or final order on an unemployment claim is conclusive or binding in a separate or later action or proceeding in another forum.
How notices arrive. A determination and a referee's decision are mailed to the last known post office address, or transmitted electronically, as the person designates.
What disqualifies a person from benefits is on the unemployment benefits page. Review after the board runs through court rules that are not on this page. A particular claim is a question for the Department of Labor and Industry, the Unemployment Compensation Board of Review, or a licensed Pennsylvania attorney.
Sources for this section (4)
- Unemp. Comp. Law 501 — Determination of compensation; appeals
- Unemp. Comp. Law 502 — Decision of referee; further appeals and reviews
- Unemp. Comp. Law 503 — Disqualifications to participate in hearings
- Unemp. Comp. Law 509 — Finality of decisions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.