PA UC Appeal Denied Due to Willful Misconduct - Do I Still Have to Repay Benefits?

If the referee found willful misconduct, I'm pretty sure that means you DO have to pay it all back. When I went through something similar in 2022, they classified it as a 'fault overpayment' which means you knew or should have known you weren't eligible. The willful misconduct determination usually triggers that classification. You'll probably get a Notice of Determination about the overpayment in the next couple weeks.

I hate to say it, but when the referee rules it was willful misconduct, it's almost always considered a fault overpayment that you have to repay. The PA UC system classifies overpayments as either fault or non-fault. Non-fault is when the overpayment happened through no fault of your own (like a UC calculation error). But in misconduct cases, they consider you should have known you weren't eligible. You do have options though: 1. You can appeal the referee's decision to the UC Board of Review within 15 days 2. Even if you don't appeal or lose the appeal, you can request a payment plan 3. In some extreme hardship cases, you can request a waiver (though these are rarely approved for fault overpayments

Im going threw the same thing right now! My appeal is next week and im terrified of having to pay back the money. Already spent most of it on bills and rent while i looked for a new job. Did you have a lawyer? I wonder if that would help

Sorry to hear about your situation. Let me clarify how this works in PA: When the referee rules misconduct, the overpayment is almost always classified as a "fault overpayment," which means you would need to repay it. The key factor is that the willful misconduct determination means the system views you as not having been eligible from the start. You still have options: 1. Appeal to the UC Board of Review within 15 days of receiving the referee decision 2. If the Board of Review denies your appeal, you can petition the Commonwealth Court 3. Request a payment plan once the overpayment is established 4. You may be able to request a financial hardship waiver, but these are rarely granted for fault overpayments If you don't take action, PA UC will eventually begin collection activities which could include: credit reporting, tax refund interception, property liens, or civil action.

The whole UC system is rigged against workers!!!! My cousin went through this exact thing and they garnished his wages when he got a new job!!! The "willful misconduct" standard is totally subjective and lets employers get away with firing people for any little thing. Four lates in 3 months is NOTHING especially with transportation problems!!! Fight this all the way!!!

I had to reach a PA UC agent to explain my situation when I got hit with an overpayment notice last month. After trying for DAYS with busy signals and disconnections, I found this service called Claimyr that got me through to UC in about 30 minutes. Totally worth it for me because I was able to set up a payment plan before they started collections. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. The website is claimyr.com if you want to check it out. Maybe it could help you talk to someone about your options directly.

If the referre said it was willful they always make u pay it back thats what happend to my roomate last year

To answer your original question directly: When there's a willful misconduct determination, the overpayment is almost always classified as a "fault overpayment" which means you do have to repay it. Non-fault overpayments typically only apply in situations where you were initially eligible but something changed (like PA UC miscalculated your benefit amount or you received back pay from an employer that overlapped with UC weeks). If you decide to appeal to the Board of Review, focus on providing evidence that your lateness wasn't willful misconduct. In PA, minor or isolated instances of tardiness, especially with valid reasons like documented transportation issues, might not meet the legal standard for willful misconduct. The key is showing you didn't deliberately disregard the employer's interests.

I know this is stressful but try not to panic. Even if you have to repay, PA UC usually offers payment plans. When I had my overpayment, they let me pay just $50 a month. Still took forever to pay off $3800, but at least it didn't financially ruin me. Make sure to respond to any notices they send about the overpayment - if you ignore them, that's when they start getting more aggressive with collection methods.

yes u have to pay it ALL back. they will take ur tax refunds too if u dont setup a payment plan!!! happened to my sister last year

Based on your follow-up comments, it seems you have documentation about transportation issues. This is actually important because PA case law recognizes that tardiness due to genuine transportation problems may not constitute willful misconduct, especially if you notified your employer. For your appeal to the Board of Review, make sure to emphasize: 1. The transportation issues were beyond your control (include all documentation) 2. You communicated these issues to your employer 3. You made efforts to resolve the transportation problems 4. The tardiness was not frequent enough to show a disregard for the employer's interests The Board of Review does give cases a fresh look and will consider whether the referee correctly applied the law to the facts. They overturn referee decisions more often than people realize.

Thank you everyone for the advice! I'm going to appeal to the Board of Review within the 15-day window and gather all my documentation about the transportation issues. I'll also prepare myself for having to repay just in case the appeal doesn't work out. If anyone has gone through the Board of Review appeal process and has specific tips, I'd really appreciate hearing them.

I went through a Board of Review appeal last year and wanted to share some tips that helped me. Make sure your written statement is organized - I used headings like "Facts" and "Legal Arguments" to make it easy to follow. Include copies of ALL your documentation with your appeal, even if you submitted some at the referee hearing. The Board doesn't always have access to everything from the lower level. One thing that really helped my case was showing a pattern of good attendance before the issues started, and demonstrating concrete steps I took to fix the transportation problems. If you have any emails or texts with your employer about the tardiness or your efforts to resolve it, definitely include those. The whole process took about 6-8 weeks for me to get a decision. Even though it's stressful, the Board really does look at cases with fresh eyes. My referee decision got overturned because they found my employer didn't follow their progressive discipline policy properly. Keep your hopes up but prepare for both outcomes!