PA UC appeal by employer - will I have to repay benefits if they win?

I went through something similar last year. Generally speaking, if you were approved and paid benefits based on the initial determination, you shouldn't have to pay it back - especially if you provided accurate information in your application. The exception would be if they determine you committed fraud or knowingly provided false information. Make sure you attend the hearing and bring any documentation showing your layoff was part of a reduction in force. Employment separation letters, emails about the layoff, or witness testimony can all help your case.

they can ABSOLUTELY make u repay if u lose the appeal. happened to my brother last yr and he got hit with a $6200 overpayment notice. they take it super serious and will garnish ur wages if u dont pay back!! be careful

This is a common concern, but you need accurate information. Pennsylvania law (Section 804 of the PA UC Law) has provisions for handling overpayments. They're classified as either "fault" or "non-fault" overpayments: - Fault overpayments occur when you knowingly provided false information or withheld facts - Non-fault overpayments happen due to department errors or legitimate disputes like yours If your employer wins the appeal but you've been honest throughout the process, it would likely be considered a non-fault overpayment. You might still have to repay, but you can request a waiver based on financial hardship, or set up a payment plan. Bring all documentation to your hearing showing you were part of a legitimate layoff. The burden of proof is on your employer to show misconduct.

I had an employer appeal my benefits in 2024 and I won! Make sure you have EVERYTHING documented. Print out emails, text messages, performance reviews, everything that proves your side. Also practice what you're going to say before the hearing - the referee will ask specific questions and you need to be clear and direct with your answers. Don't ramble or get emotional. If you're struggling to reach PA UC to ask questions before your hearing, try Claimyr (claimyr.com). They helped me get through to an actual person when I needed clarification on what documents to bring. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2

everyone saying different things here!!!! this is why the system is BROKEN. they make the rules impossible to understand on purpose so they can deny benefits. i had to repay $2300 after losing an appeal even though i did NOTHING wrong. they don't care about workers AT ALL. just big companies. system is RIGGED against us!!!!!

Responding to your question about getting a lawyer - it's not required for UC hearings, but if there's a lot of money at stake, it might be worth it. Some legal aid organizations offer free help with UC appeals if you qualify financially. Check with PA Legal Aid or your county's bar association for resources. Also, start documenting your job search efforts meticulously if you're not already doing so. Make sure you're meeting the work search requirements (applying to at least 2 jobs weekly and completing 1 work search activity) while this is being sorted out.

my brother got on a payment plan for his overpayment. they took like $75 from each UC payment until he found a job, then he had to pay $100/month. took him almost 2 years to pay it all back

UPDATE: I talked to a lawyer through legal aid, and they gave me some really helpful information. According to the lawyer, if my benefits were properly determined based on the information I provided (which they were), I would NOT have to repay benefits received before a reversal on appeal. The lawyer cited Section 804(b) of the PA UC Law which covers non-fault overpayments. The lawyer explained that since I didn't misrepresent anything and was approved based on the initial determination, the benefits paid before any appeal decision would be protected. I wanted to share this update for anyone else in a similar situation. Still preparing for the hearing, but feel much more confident now!

just went thru this exact thing in January. make sure u show up for the hearing!!!! my neighbor missed his hearing and auto-lost his appeal and had to repay like $3k. even if u think you might lose, SHOW UP!

Hey Kennedy, I went through a similar employer appeal situation in PA last year and wanted to share what I learned. The good news is that Chad's lawyer is absolutely right about Section 804(b) - if you were honest in your application and the initial determination was made properly, you're generally protected from having to repay benefits received before the appeal decision. Here's what really helped me prepare for my hearing: 1) Create a timeline of events leading to your layoff with dates, 2) Get copies of any company-wide communications about layoffs/restructuring, 3) If possible, get a statement from former coworkers who were also laid off, and 4) Practice explaining your situation clearly and concisely. One thing that worked in my favor was showing that multiple people were laid off around the same time - it clearly demonstrated it wasn't misconduct but business reasons. Since you mentioned it was a round of layoffs, that should work strongly in your favor. Also, don't let the conflicting information here stress you out too much. Every case is different, and it sounds like you have solid documentation. The hearing referee will be looking at the facts of YOUR specific situation. You've got this!

I'm a PA unemployment specialist and want to clarify some of the confusion in this thread. The key distinction everyone needs to understand is between "fault" and "non-fault" overpayments under PA UC Law Section 804: **Non-fault overpayments** (which applies to Kennedy's situation): You provided accurate information, UC made a proper determination, but it's later overturned on appeal. In these cases, you're generally NOT required to repay benefits received before the appeal decision. **Fault overpayments**: You knowingly provided false information or committed fraud. These must be repaid in full. Kennedy - since you were honest about being laid off and UC initially approved your claim after investigation, you're likely protected under non-fault provisions even if the appeal goes against you. The fact that multiple people were laid off strengthens your case significantly. For your hearing preparation: bring your separation letter, any emails about layoffs, and if possible, contact information for other employees who were laid off. The referee needs to see this was a legitimate business decision, not misconduct. Don't let the scary stories here discourage you - every case is fact-specific, and yours sounds solid based on what you've shared.

Hey Kennedy! I just went through this exact same situation in PA about 6 months ago and wanted to share what happened with me. My former employer also appealed after I was initially approved, claiming misconduct when it was clearly a layoff situation. The great news is that all the specialist advice you're getting here is spot on - you're very likely protected under the non-fault overpayment rules since you were honest and properly approved initially. In my case, even though my employer's appeal dragged on for months, I never had to repay a single dollar of the benefits I received before the final decision. What really sealed the deal for me was having that paper trail showing multiple layoffs. Since you mentioned 15 people in your department were let go, that's going to be huge evidence in your favor. The referee at my hearing said cases like ours where there's clear documentation of business restructuring are usually pretty straightforward. One practical tip: when you're at the hearing, stick to the facts and don't get emotional even if your former employer says frustrating things. I almost lost my cool when my ex-boss tried to twist the story, but staying professional definitely helped my case. You're going to do great at that hearing - sounds like you have all the right documentation and the law is on your side!

Kennedy, I'm a PA employment attorney and wanted to add some reassurance to what others have shared. The legal advice you're getting here is absolutely correct - Pennsylvania's non-fault overpayment provisions under Section 804(b) will very likely protect you from having to repay benefits received before any appeal decision. Given that you were laid off as part of a documented reduction in force affecting 15 employees, your case is actually quite strong. Employers often appeal legitimate layoff cases hoping claimants won't show up to defend themselves, but the burden of proof is entirely on them to demonstrate misconduct. A few additional tips for your hearing: 1) If you have any performance reviews showing satisfactory work, bring those, 2) Be prepared to explain your job duties clearly, and 3) If your employer claims you violated company policy, ask them to specify exactly which policy and when the alleged violation occurred. The hearing officer will be looking for concrete evidence of willful misconduct, not just business disagreements or performance issues. Mass layoffs like yours are generally considered the strongest type of UC case. You should feel confident going into this hearing - the facts and the law are both on your side.

Kennedy, I'm really glad to see you're getting such solid advice from everyone here! I went through a similar employer appeal in PA back in 2023 and can confirm everything the specialists and attorneys have shared - the non-fault overpayment protection is real and it works. One thing I wanted to add that really helped me was organizing all my documents in chronological order before the hearing. Create a simple timeline document that shows: layoff announcement date, your termination date, number of people affected, and any follow-up communications. Having everything laid out clearly made it so much easier to present my case coherently. Also, don't be surprised if your employer's representative tries to focus on minor workplace incidents or performance issues that happened months before the layoff. That's a common tactic, but the hearing officer will be looking for misconduct that directly led to your termination, not unrelated issues from the past. You've got an incredibly strong case with 15 people being laid off from your department - that's textbook business restructuring, not misconduct. Between your documentation and all the great legal advice you've received here, you should feel very confident going into that hearing on June 15th. Keep us posted on how it goes!

Kennedy, I'm a former PA UC claims examiner and wanted to jump in here because you're getting excellent advice from everyone! The legal experts are absolutely right about the non-fault overpayment protections - I processed hundreds of these cases during my time with the department. What's working strongly in your favor is that you have what we call a "clean separation" - you were laid off as part of documented business restructuring affecting multiple employees, you provided truthful information on your application, and UC properly investigated and approved your claim. This is textbook non-fault territory. One insider tip for your hearing: when the referee asks about your job duties and performance, be specific but concise. They're looking for any evidence of willful misconduct, and vague answers sometimes hurt claimants. Also, if your employer claims you "abandoned your job" or "failed to follow procedures" (common appeal tactics), remind the referee that 15 people were eliminated - that's clear evidence of business necessity, not individual performance issues. The fact that you've been proactive about getting legal advice and organizing your documentation shows you're taking this seriously. Based on everything you've shared, I'd be very surprised if this appeal succeeds. Mass layoffs with proper documentation are among the strongest UC cases. You've got this!

Kennedy, I'm so glad you found this community and got such comprehensive advice! As someone who went through a PA UC employer appeal in 2022, I wanted to add one more practical tip that really helped me prepare. Before your hearing, call the number on your appeal notice and ask if you can get a copy of what your employer submitted as their "evidence." Sometimes they're required to share this with you beforehand, and it can help you prepare counterarguments to their claims. In my case, my employer submitted a bunch of irrelevant disciplinary actions from over a year before my layoff, so I was able to prepare a clear response about how those incidents were unrelated to the business restructuring that led to my termination. Also, make sure you have the contact information for at least 2-3 coworkers who were also laid off during the same restructuring. Even if you don't call them as witnesses, having their names and contact info available shows the referee you can substantiate your version of events if needed. You're going into this hearing with such strong documentation and legal protection under the non-fault provisions. The fact that 15 people were eliminated from your department is going to be the deciding factor. Best of luck on June 15th - you're going to do great!

Kennedy, I've been following this thread and I'm so impressed by how well-prepared you are now! As someone who works in HR and has dealt with many unemployment cases from the employer side, I wanted to add that your situation is exactly the type that almost always favors the employee. When companies do legitimate layoffs affecting multiple people (like your 15 coworkers), they usually don't appeal unless they're either confused about the process or hoping you won't show up. The fact that they're appealing a clear business restructuring suggests they might not have strong grounds. From the employer perspective, proving misconduct requires showing you willfully violated company policy in a way that harmed the business. Mass layoffs are the opposite of that - they show the company made a business decision that your position was no longer needed. Make sure to emphasize during your hearing that this was a department-wide elimination, not individual performance issues. Bring those HR emails about the layoffs and your satisfactory performance review. The combination of your honest application, proper initial determination, and clear documentation of legitimate layoff should make this a straightforward win for you. You've gotten amazing advice here about the non-fault protections, and everyone is absolutely right. Even in the unlikely event they somehow prevail, you're protected from repaying benefits you've already received. But honestly, based on what you've shared, I'd be shocked if they win this appeal.

Kennedy, I just wanted to chime in as someone who went through a very similar PA UC employer appeal situation in 2023. Reading through all the excellent advice you've gotten here, I can tell you're in really good hands with this community! I was also part of a mass layoff (8 people in my case) and my former employer appealed claiming "performance issues" even though it was clearly a business restructuring. Just like everyone has said, the non-fault overpayment protections absolutely work - I never had to repay a penny of the benefits I received before the appeal decision. One thing that really helped me during my hearing was having a simple one-page summary ready that listed: 1) The date of the layoff announcement, 2) How many people were affected, 3) The business reason given (restructuring, downsizing, etc.), and 4) My last performance review rating. Having it all on one sheet made it easy to reference during the call and kept me focused on the key facts. Also, don't stress too much about your employer's claims - hearing officers deal with these mass layoff appeals all the time and they know the difference between legitimate business decisions and actual misconduct. With 15 people eliminated from your department, you have one of the strongest possible cases. You're going to do great on June 15th! This thread shows how well-prepared you are now.