PA UC Appeal Filed By Employer After 3 Months of Benefits - Will I Have to Repay Everything?

Yes, unfortunately if you lose the appeal, you may be required to repay all benefits received. The employer has appeal rights even after benefits start being paid out. However, several factors impact your chances of success: 1) You mentioned you have documentation for your absences - this is CRITICAL. Bring all documentation to your hearing. 2) The fact that they waited 3+ months to appeal actually works in your favor. The referee will likely question why they delayed so long if the issue was serious enough to terminate you. 3) Did you disclose the reason for separation accurately on your initial application? If you were truthful from the start, that helps your case. I'd recommend preparing a timeline of events, gathering any approval emails for your absences, and any company policy documents about attendance. Also, request a copy of your employer's appeal to see exactly what they're claiming.

Im going thru something similar right now. My employer filed appeal 11 weeks after i started getting paid. The notice said I have a phone hearing next month. Im super nervous but my neighbor who used to work for PA UC told me the fact they waited so long to appeal actually looks bad for them, not for you. Make copies of EVERYTHING and be ready to explain your side clearly. Also make sure you answer the phone when they call for the hearing!!! Missing it is automatic loss.

Had something similar happen in 2022. Company waited 2 months to appeal, then I had to wait another 2 months for the actual hearing, all while benefits continued. I lost the appeal and got hit with a $4200 overpayment notice. Been paying it back $50/month ever since. The worst part of the whole thing!!!!

If you lose the appeal, you'll likely receive an overpayment notice for the full amount. However, you have two potential options: 1. Request a fault overpayment waiver if you can demonstrate financial hardship. PA UC has a specific form for this. 2. Set up a payment plan which can be as low as $30-50 per month depending on your financial situation. Regarding your chances of winning: The burden of proof is on your employer to show you committed misconduct. Having documentation that your absences were approved for medical reasons is extremely valuable evidence. Be prepared to clearly explain the situation and provide documentation at your hearing. I'd also suggest contacting PA UC directly to get more information about your specific case and the appeal process. Unfortunately, getting through on the phone can be nearly impossible with their standard number. I had to use a service called Claimyr (claimyr.com) to actually reach an agent when I was dealing with my appeal. They have a video demo of how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. It was worth it to get specific guidance on my documentation needs for the hearing.

Something doesn't add up with your employer... They claim you were fired for cause but gave you a termination letter saying it was a layoff???? KEEP THAT LETTER!!! That's contradicting their own appeal! Sounds like they're trying to fight their unemployment tax increase after the fact. The referee will definitely question why their story changed and why they waited over 3 months to appeal. During my hearing the referee was very focused on the timeline and documentation, so organize everything by date. And don't interrupt when the employer is speaking, even if they're lying - you'll get your turn to respond.

i dont mean to be negative but the system is riged against us... i had all the documentation and still lost my apeal. the employer lied and the refere believed them even tho i had evidence!!! the hole thing is a nightmear. now i owe $5600 and they take 1/3 of my new benefits every week. its total BS

Just to provide a bit more information on overpayments if that does happen: There are two types - fault and non-fault. A fault overpayment means you provided incorrect information, which doesn't sound like your case since you were honest about being laid off based on your termination letter. A non-fault overpayment is when you received benefits you weren't entitled to through no fault of your own - which would apply in your situation if you lose the appeal. With non-fault overpayments, you have better options for waivers or manageable payment plans. Since this appears to be a disagreement about the nature of separation rather than any misrepresentation on your part, make sure you emphasize that in your hearing. Also, be prepared for the fact that your benefits might be temporarily suspended while the appeal is pending, so try to plan financially for that possibility.

Quick question - did you receive an actual appeal notice or just a request for information? Sometimes employers just request additional info which isn't the same as a formal appeal. Check the heading on the notice carefully!

Just went thru this!! Make sure you're on time for the call and in a quiet place with good reception. The referee will ask questions to both you and the employer, so have your answers ready but keep them short and to the point. Don't ramble or get emotional (I made that mistake lol). If the company's HR person says anything that contradicts your termination letter, politely point that out when it's your turn to speak again.

One more thing to consider: start documenting your job search efforts EXTENSIVELY if you haven't already. Even if you win this appeal, your claim will be under scrutiny, and they might check your work search activities more carefully. Make sure you're completing and documenting your required work search activities every week (generally applying to at least 2 jobs and completing 1 other work search activity). This won't affect the current appeal but could prevent future issues with your claim.