PA UC appeal decision REVERSED - Do I have to repay benefits after 402(e) ineligibility ruling?

ya unfortunately if u lost the appeal they will want all that money back. happened to my brother in law last year. they send u an overpayment notice and u gotta either pay up or try to get a payment plan.

I need to correct some information here. Based on your situation, you should understand a few important points: 1) Yes, a reversal under Section 402(e) - willful misconduct - means you're not eligible for the benefits you received. 2) BUT - you have 15 days to appeal THIS decision to the Unemployment Compensation Board of Review (UCBR). This is a higher level appeal. 3) During that appeal, no collection actions will be taken. 4) Even if you ultimately lose, you can request a "fault overpayment waiver" if you can demonstrate financial hardship and that you received the benefits without fraud or fault. Don't panic yet. File that UCBR appeal immediately and specifically address why your actions didn't constitute willful misconduct. Performance issues alone often don't qualify as willful misconduct unless your employer can prove you deliberately violated policies or rules.

This EXACT thing happened to me!!! I got a job at a call center and they fired me after 3 months for not meeting metrics but I was never trained properly. I won my initial UC claim but then they appealed and I lost at the hearing. I freaked out just like you!!

Yeah so I appealed to the UCBR like the other person said and I actually won! The key was that I brought evidence showing that other new employees had similar performance issues and that the company didn't follow their own progressive discipline policy with me. If you can show they didn't give you proper warning or chance to improve that helps a LOT with the willful misconduct thing.

I had a similar situation but I lost my UCBR appeal too. I ended up with a $9,200 overpayment. BUT I applied for a fault overpayment waiver (Form UC-1725) due to financial hardship and they approved it! I didn't have to pay anything back. The key is proving that paying it back would cause severe hardship AND that you didn't intentionally misrepresent anything when filing. Definitely worth trying if your second appeal doesn't work out.

I'd also recommend trying to reach PA UC immediately to understand exactly what will happen next and get proper guidance for your specific situation. The regular phone lines are nearly impossible to get through, though. When I was dealing with my overpayment issue last year, I used a service called Claimyr (claimyr.com) to get through to an actual UC rep within about 20 minutes instead of calling for days. They have a video that shows how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. Getting clarification directly from UC was crucial in my case.

THE PA UC SYSTEM IS DESIGNED TO SCREW OVER WORKERS!!! They approve you, let you collect for months, THEN suddenly decide you were "ineligible" the whole time?? TOTAL GARBAGE!! And they expect you to survive without that money AND somehow pay back thousands?? The whole system is rigged against us!!

To address your original question more directly: Yes, technically when your benefits are reversed due to ineligibility, you would normally need to repay the benefits received. However, there are multiple options to address this: 1. Appeal to UCBR within 15 days (highest priority) 2. If that fails, request a fault overpayment waiver 3. If waiver is denied, request a payment plan 4. In extreme cases, bankruptcy can discharge some UC overpayments The key thing now is to act quickly on that UCBR appeal. Focus on why your performance issues weren't "willful misconduct" - which legally means a deliberate violation of employer rules or standards, not just failing to meet expectations. If your employer never gave you formal warnings or a performance improvement plan, definitely highlight that in your appeal.

Correct - they won't start collection actions while your appeal is pending. You need to file a Petition for Appeal to the UCBR. You should have received instructions with your referee decision, but if not, you can find the form on the PA UC website or simply write a letter including: - Your name, address, and last 4 of SSN - The referee's decision number you're appealing - The date of that decision - The reason you're appealing (focus on why your actions weren't willful misconduct) Send it to the address on your referee decision. Make sure it's postmarked within 15 days of the decision date! Keep proof of mailing.

I went through something similar in 2023 and want to share what I learned. The most important thing is to document EVERYTHING about your employment situation right now while it's fresh in your memory. Write down: - Exactly what your employer told you when they fired you - Whether you ever received any written warnings or performance reviews - If other employees had similar performance issues - What training you received (or didn't receive) - Any witnesses to conversations about your performance I made the mistake of not documenting everything immediately and it hurt my case later. Also, when you file your UCBR appeal, be very specific about why your situation doesn't meet the legal definition of "willful misconduct." The burden is on your employer to prove you DELIBERATELY violated their policies, not just that you struggled with performance. One more tip - if you have any text messages, emails, or other communications from your employer about your termination, save those now. They can be crucial evidence that your firing was about performance struggles rather than willful rule violations.

I'm going through something similar right now and this thread has been incredibly helpful. I was terminated in October for "attendance issues" but I had medical documentation for most of my absences that I provided to HR. They still fired me and initially denied my UC claim. I won my first appeal but now my employer is appealing that decision to a referee hearing next month. Reading about the UCBR appeal option and the fault overpayment waiver gives me hope that there are multiple safety nets if things don't go well. @Diego Vargas - I really hope your UCBR appeal works out. It sounds like you have a good case since they never gave you proper warnings or documentation. Keep us updated on how it goes!

Just wanted to add my perspective as someone who's been through multiple appeals in PA. The referee level can be really unpredictable - sometimes they side with employers even when the case seems clear cut. But the UCBR is a completely fresh review with different judges who often take a more thorough look at the legal standards. One thing that really helped in my case was getting copies of my employer's internal policies from when I worked there. If they have a progressive discipline policy that they didn't follow with you, that's huge evidence that your termination wasn't for willful misconduct. You can request these through a simple written request, and they're usually required to provide them. Also, don't let the stress consume you right now. I know $14k seems impossible to pay back, but between the UCBR appeal, potential waiver, and payment plan options, there are real paths forward. Focus on that appeal first and take it one step at a time. You've got this!

I just wanted to chime in as someone who went through a very similar situation in 2022. I was fired for "poor performance" at a retail job and initially won my UC benefits, then lost at the referee hearing just like you. I was devastated thinking I'd have to pay back over $8,000. But here's the thing - I filed that UCBR appeal that everyone's mentioning and it made ALL the difference. The UCBR judges really focus on the legal definition of "willful misconduct" which is much stricter than just performance issues. They need to prove you deliberately violated known rules or policies, not just that you struggled to meet expectations. In your case, the fact that your employer never documented anything or gave you written warnings is actually huge in your favor. Performance issues without proper progressive discipline rarely qualify as willful misconduct under PA law. I ended up winning my UCBR appeal and didn't have to pay anything back. Don't give up hope - you've got a real shot at this next level. Just make sure to emphasize in your appeal that you never deliberately violated any policies, you were just struggling with performance despite your best efforts, and your employer failed to follow proper disciplinary procedures. You've got this!

I'm dealing with a somewhat similar situation right now and this thread has been incredibly eye-opening. I was terminated last month for what my employer called "failure to follow procedures" but it was really just me making some mistakes while learning a complex system with minimal training. They denied my initial UC claim and I'm waiting for my first appeal hearing. Reading about the UCBR appeal option and seeing actual success stories like Tony's gives me hope that even if I lose at the referee level, there are still real options. The distinction everyone's making between performance issues and willful misconduct is so important - I had no idea the legal standard was that specific. Diego, your situation with the lack of documentation from your employer sounds really promising for the UCBR appeal. It seems like these higher-level judges really scrutinize whether employers followed proper procedures and whether there was actual willful behavior versus just struggling with job requirements. I'm definitely saving all the advice in this thread about documenting everything, requesting employer policies, and the potential waiver options. This community has been more helpful than any official resource I've found. Wishing you the best with your appeal!

I'm really sorry you're going through this stress - I know how overwhelming it feels when you get that reversal letter. I went through something very similar in 2021 and want to share what helped me navigate this situation. First, definitely file that UCBR appeal that others have mentioned - you have 15 days from your decision date. The UCBR looks at cases with fresh eyes and applies the legal standards more strictly than some referee hearings do. For your UCBR appeal, focus heavily on the fact that your employer never documented your performance issues or provided written warnings. Pennsylvania law is very specific that "willful misconduct" requires deliberate violation of known policies or standards - not just failing to meet performance expectations despite good faith efforts. I'd also recommend gathering any evidence you can about: - Your job description and what training you received - Whether other employees struggled with similar performance metrics - Any verbal feedback you received and when - Your employer's written disciplinary policies (request these if you don't have them) Even if the UCBR doesn't go your way, you still have the fault overpayment waiver option that others mentioned. The key there is demonstrating financial hardship and that you didn't misrepresent anything when filing. Don't lose hope yet - you have multiple legal protections still available. Take it one step at a time and focus on that UCBR appeal first. You've got this!

I went through almost exactly what you're describing back in 2022 and I want to share what I wish someone had told me when I was panicking just like you are now. Yes, getting that reversal letter is absolutely terrifying - I remember staring at mine thinking my life was over. But here's what I learned: the UCBR appeal that everyone's mentioning is REAL and it works. The judges there actually understand the legal nuances of "willful misconduct" versus performance issues. In my case, I was fired from a warehouse job for "not meeting productivity standards" even though I was never given proper training on their systems. Like you, no written warnings, no performance improvement plan - just vague complaints and then termination. I lost at the referee level and thought I was done for. But the UCBR completely reversed that decision. They focused on the fact that my employer couldn't prove I deliberately violated any known policies or standards. Poor performance due to lack of training or support is NOT willful misconduct under PA law, and it sounds like that's exactly your situation too. The key is being very specific in your UCBR appeal about WHY your actions weren't willful. Document everything about the lack of warnings, training, or clear performance standards. If your employer just had "vague complaints" like you mentioned, that actually works in your favor. Don't give up yet - you've got a real shot at this. And remember, no collection actions happen while your appeal is pending, so you have time to fight this properly.

I'm a newcomer to this community but wanted to share my experience since I went through something very similar just a few months ago. I was terminated for "attendance issues" even though I had legitimate reasons for most of my absences and my employer knew about them. Like you, I initially won my UC benefits but then lost at the referee hearing when my employer appealed. I was absolutely devastated when I got that reversal letter - the thought of paying back over $10,000 felt impossible. But reading through this thread reminds me of how crucial that UCBR appeal really is. I filed mine and ended up winning! The UCBR judges really do look at the strict legal definition of "willful misconduct" rather than just siding with employers. In your case, the fact that your employer never documented your performance issues or gave you written warnings is huge. That's almost identical to my situation - they had complaints but no formal discipline process. The UCBR specifically noted in my decision that my employer failed to follow proper progressive discipline procedures. Don't lose hope! File that UCBR appeal immediately and focus on why your performance struggles weren't deliberate policy violations. You've got a really strong case based on what you've described. And like others have said, no collection happens while your appeal is pending, so you have time to fight this properly. This community has been so helpful - wishing you the best outcome!

I'm new to this community but wanted to share my experience since I'm currently going through something very similar. I was terminated from my job at a marketing agency in November for what they called "failure to meet project deadlines" but really it was because they kept piling on unrealistic workloads without proper resources or support. I initially won my UC benefits but my employer just filed an appeal and I have a referee hearing scheduled for next week. Reading through this entire thread has been incredibly educational and honestly given me so much hope. I had no idea about the UCBR appeal option or the fault overpayment waiver - those seem like crucial safety nets that most people don't know about. Diego, your situation with the lack of documentation sounds really promising for your UCBR appeal. It seems like these cases often come down to whether employers can prove actual "willful misconduct" versus just performance struggles. The advice everyone's given about documenting everything and requesting employer policies is gold. I'm going to make sure I have all of that ready regardless of how my referee hearing goes. It's so reassuring to see multiple success stories at the UCBR level from people who lost their initial appeals. This community has been more helpful than any official resource I've found. Sending good vibes to everyone fighting these battles!

I'm new to this community but wanted to reach out because I'm currently dealing with a very similar situation. I was terminated from my retail job last month for what they called "poor customer service" but really it was just me struggling to handle difficult customers without proper training or management support. I initially won my UC benefits, but now my employer is appealing and I have a referee hearing coming up in two weeks. Reading through this entire thread has been incredibly eye-opening and honestly has given me so much hope when I was starting to panic. I had absolutely no idea about the UCBR appeal option or the fault overpayment waiver - these seem like crucial protections that most people never hear about until it's too late. Diego, your situation with the complete lack of documentation from your employer sounds really promising for your UCBR appeal based on all the success stories people have shared here. The advice everyone's given about documenting everything, requesting employer policies, and focusing on the legal distinction between performance issues versus actual "willful misconduct" is incredibly valuable. I'm going to make sure I have all of that prepared regardless of how my referee hearing goes. It's so reassuring to read multiple success stories from people who won at the UCBR level after losing their initial appeals. This community has honestly been more helpful than any official PA UC resource I've tried to find. The fact that you all share real experiences and practical advice makes such a huge difference when you're feeling lost in this complicated system. Sending positive thoughts to everyone fighting these battles - we've got to stick together!