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PA UC appeal filed by employer after I was approved - will I repay benefits if they win?

I've been stuck in this unemployment nightmare since January. After 13 LONG weeks of waiting, an examiner FINALLY approved my claim last week. Today (week 15 of this mess) I get a notice saying my former employer is appealing the decision! I just received about $6,200 in backpay that I've already used for rent and bills that piled up while waiting. My question is - if my employer wins this appeal hearing, will PA UC make me pay back all the benefits I've already received? Has anyone dealt with employer appeals? I'm freaking out thinking I might have to somehow come up with thousands to repay if the hearing goes badly. The notice doesn't explain what happens with money already paid out.

Javier Morales

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Unfortunately, yes - if your employer wins the appeal and the decision is reversed, you'll likely be issued an overpayment notice for all benefits received. However, don't panic yet! The fact that an examiner already ruled in your favor means your case had merit. Make sure you attend the hearing (whether by phone or in person) and bring any documentation supporting your case. The appeals referee will be looking at the same eligibility criteria the examiner used.

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Olivia Clark

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Thanks for responding. Do you know how long I have to prepare for this hearing? The notice just says it's happening but doesn't give a date yet. I'm worried because I don't have any documentation - my employer fired me without warning claiming "performance issues" but never documented anything. That's why I won initially.

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Natasha Petrov

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same thing happen to me last yr. my boss appealed after i got approved and i had to go to hearing. its scary but i won again. just tell the truth and you'll be fine. they dont make u pay back if u didnt lie about anything

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Connor O'Brien

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This is NOT correct information! Whether you have to repay has nothing to do with whether you lied. It depends entirely on the final determination. If the appeal decision reverses the initial approval, you WILL receive an overpayment notice regardless of whether you were honest in your application. Please don't spread misinformation about the PA UC system.

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Amina Diallo

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When you get the hearing notice (should arrive about 2 weeks before the scheduled date), it will tell you exactly what documents to prepare. For performance-related terminations, the burden of proof is on the employer - they need to show they gave you warnings and opportunities to improve. If they didn't document anything as you mentioned, that works in your favor. If you do lose and get an overpayment notice, you can request a payment plan or file for financial hardship. You might also be able to appeal the appeal decision to the UC Board of Review, which gives you another chance.

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Olivia Clark

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This is really helpful, thank you. Is there any way to find out what evidence my employer is submitting before the hearing? I'm worried they'll make up documentation after the fact to support their case.

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GamerGirl99

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ugh employers are the WORST! my company tried this too and i had to wait 3 more months for the hearing!!! bureaucratic nightmare!!!

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I went through this exact situation last year, and it was incredibly stressful. One thing that helped me enormously was being able to actually talk to a UC representative before my hearing. I spent days getting busy signals until someone told me about Claimyr (claimyr.com). They got me connected to a PA UC agent within about 40 minutes when I'd been trying for days on my own. The agent explained exactly what to expect at the hearing and what documents I should prepare. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 For what it's worth, I won my appeal because my employer couldn't provide documentation of the progressive discipline they claimed they gave me. Good luck!

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Isabella Costa

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did this actually work? seems sketchy to me

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Javier Morales

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To answer your question about seeing the employer's evidence - yes, you have the right to review all evidence before the hearing. The hearing notice should include instructions for accessing the case file. If it doesn't, call the UC service center immediately (though prepare for long wait times). Also, you can request a continuance if you need more time to prepare, but you must have a valid reason. Document EVERYTHING from this point forward. Take notes during any interactions with UC or your former employer regarding this case.

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Isabella Costa

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my cosin had 2 repay $12000 after losing appeal. they took his tax return 4 yrs!!! PA UC system is riged against workers!!

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Connor O'Brien

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While I understand your frustration, the system isn't 'rigged' - it follows specific legal guidelines. That said, the process can certainly feel unfair. For anyone facing large overpayments, requesting a waiver based on financial hardship is an option, though not always granted. Also, the Treasury Offset Program that took your cousin's tax returns is standard for any government debt, not just UC overpayments.

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Olivia Clark

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Update: I just received the hearing notice. It's scheduled for June 12th (three weeks from now). I'm so anxious I can barely function. Has anyone done these hearings over the phone? The notice gives me the option of phone or in-person. Also, can I have someone with me as support or representation?

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Amina Diallo

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Phone hearings work fine - I actually preferred it because it was less intimidating. And yes, you absolutely can have representation! You can bring a lawyer (though not required), or a friend for support. If you can't afford a lawyer, check if your county has legal aid services - many offer free help with UC appeals. Three weeks is plenty of time to prepare. Focus on why you were terminated and why it wasn't your fault. Remember, for performance issues, the employer needs to prove they gave you warnings and chances to improve. If they didn't, highlight that in the hearing.

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GamerGirl99

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my hearing was a JOKE! the referee kept interrupting me and let my boss lie about EVERYTHING! the whole system is broken!!!!

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Javier Morales

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One final piece of advice: Be concise and stick to relevant facts during the hearing. Appeals referees handle many cases daily and appreciate when claimants stay focused. Don't badmouth your former employer or make emotional arguments - stick to the facts about your separation. Regarding overpayments - if you do receive one after losing the appeal, remember you can request a waiver if repayment would cause financial hardship. Don't ignore the notices if that happens, as that can lead to additional penalties. Wishing you the best of luck with your hearing!

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Olivia Clark

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Thank you - I'll definitely stay focused on the facts. I'll update this thread after my hearing to let everyone know how it went. Fingers crossed!

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