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!