< Back to Pennsylvania Unemployment

Chloe Martin

PA UC appeal from employer 5 weeks before benefits end - will I lose what I've already received?

I've been on PA unemployment for 21 weeks now with only 5 weeks left before my benefit year runs out. Out of nowhere, my former employer is suddenly appealing my benefits. They're claiming there's an "ongoing case" against me with the county, which is a complete lie. I literally have a letter from the county stating the case is CLOSED. This feels like they just don't want to pay into the UC system anymore and decided to fight my benefits when I'm almost done receiving them anyway. Has anyone dealt with an employer appealing this late in the game? What are my chances of winning since I have documentation proving their claim is false? Most importantly - if by some chance I lose this appeal, will I have to pay back the 21 weeks of benefits I've already received? That would be over $12,000 and would absolutely destroy me financially.

Diego Rojas

•

I went thru something similar last year. If u have documentation that the case is closed then ur in a good position. Make sure u have COPIES of everything (keep originals safe) and submit them with ur appeal response. What ur employer is doing sounds like retaliation which isnt allowed. They cant just decide to appeal after 21 weeks for no reason without new information.

0 coins

Chloe Martin

•

Thanks for this. Do you know if there's a time limit for employers to file appeals? It seems crazy they can just do this 5 months into my benefits. I'm seriously stressed about potentially owing back all that money.

0 coins

Your chances of winning are quite good based on what you've shared. In PA, the employer typically needs to file an appeal within 15 days of receiving notice that you were approved for benefits. The fact that they've waited 21 weeks makes their appeal highly questionable unless they can prove they just discovered new information. Regarding repayment - if you lose the appeal, you could potentially face an overpayment determination, but there are important factors that would work in your favor: 1. If you provided all truthful information on your initial application 2. If you've been completing your weekly work search activities properly 3. If the overpayment would be classified as "non-fault" rather than "fault" Non-fault overpayments can often be waived if repayment would cause financial hardship. Make sure you attend the appeal hearing and present that county letter as evidence. Document everything from this point forward.

0 coins

Chloe Martin

•

This is really helpful, thank you. I definitely told the truth on my application and have been doing all my work search activities. I've kept careful records of everything. The hearing is in 3 weeks - is that enough time to prepare?

0 coins

StarSeeker

•

they cant just appeal whenever they want!!!! the system is rigged but not THAT rigged. i bet they never even filed a proper appeal and are just trying to scare u. check ur dashboard to see if theres actually an appeal scheduled.

0 coins

Chloe Martin

•

I checked my dashboard and there's definitely an appeal scheduled for June 18th. Got the notice in the mail too. So it's definitely happening.

0 coins

I'd suggest trying to reach a PA UC representative directly to discuss this situation. It's unusual for an employer to file such a late appeal, and a representative might be able to give you specific information about how this affects your case. I was in a similar situation but couldn't get through on the phones for weeks. I ended up using Claimyr (claimyr.com) which got me connected to a UC rep within about 20 minutes. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 The rep I spoke with explained exactly what documentation I needed for my hearing and what to expect. Made a huge difference in my case outcome. With only 5 weeks left in your benefit year, getting accurate information quickly is crucial.

0 coins

Zara Ahmed

•

does that claimyr thing really work? ive been trying to get thru to UC for 3 weeks about my own issue

0 coins

It worked for me after struggling to get through for nearly a month. Getting specific advice about my documentation requirements probably saved my case.

0 coins

Luca Esposito

•

Actually, this happened to my brother-in-law!!! His previous job tried to appeal after he'd been collecting for like 4 months. They claimed he had stolen company property but had ZERO evidence. The hearing referee basically laughed them out because they couldn't explain why they waited so long to appeal. If your case with the county is closed AND you have documentation proving it, you're in really good shape. Also - VERY IMPORTANT - even if you somehow lost, they would classify it as a non-fault overpayment since you didn't do anything wrong or lie. Non-fault overpayments can often get waived if you can show financial hardship.

0 coins

Chloe Martin

•

That's reassuring to hear your brother-in-law won his case! Did he have to get a lawyer or did he represent himself?

0 coins

Luca Esposito

•

No lawyer needed! He just brought his documentation and told the truth. The referee was mainly concerned with whether he'd been truthful in his initial application.

0 coins

Nia Thompson

•

the whole system is such garbage. employers can lie all they want but we have to document EVERY LITTLE THING just to get what we're entitled to. i've been fighting with PA UC for 2 months because my employer claimed I voluntarily quit when they actually reduced my hours to basically nothing to force me out. DOCUMENT EVERYTHING and don't back down.

0 coins

Diego Rojas

•

Constructive discharge! That's what it's called when they reduce ur hours to force u out. Make sure u use that term in ur hearing!

0 coins

Zara Ahmed

•

One thing nobody mentioned - make sure you get a return receipt if you mail anything to UC or bring a witness if you deliver documents in person. I lost a case because they claimed they never received my evidence even though I sent it certified mail. But I couldn't PROVE I sent the specific documents. Keep copies of EVERYTHING.

0 coins

Chloe Martin

•

Good tip - I'll definitely send everything certified mail with return receipt. I've been taking pictures of all my documents too just in case.

0 coins

You may want to prepare a simple timeline document for your hearing: 1. Date you were separated from employment 2. Date you filed for benefits 3. Date benefits were approved 4. Dates you received payments 5. Date the county case was closed (with reference to your letter) 6. Date employer filed their appeal This will clearly show the referee the significant delay in the employer's appeal, which strengthens your case considerably. In my experience, referees appreciate organized presentations of facts.

0 coins

Chloe Martin

•

This is excellent advice - I'm going to create this timeline tonight. Thank you!

0 coins

StarSeeker

•

my cousin works for the unemployment office and she says your almost definitely gonna win this. employers pull this crap all the time at the end of claims to scare people. they know theyre gonna lose but they hope u miss the hearing or something so they win by default. DONT MISS THE HEARING WHATEVER U DO!!!

0 coins

Chloe Martin

•

I definitely won't miss it! I've already arranged to take the day off work and have set multiple reminders.

0 coins

This sounds like a last-ditch effort by your employer to avoid paying their share of UC taxes. The timing is super suspicious - waiting 21 weeks when they had 15 days to appeal initially. I've seen this before where employers suddenly "remember" to challenge benefits right before they end, hoping people will just give up or not show up to the hearing. Since you have written proof from the county that their case is closed, you're in a really strong position. The burden of proof is on THEM to show why they waited so long and to provide evidence for their claims. Your documentation directly contradicts their appeal, so unless they have something new (which it sounds like they don't), this should be pretty straightforward. Even if the worst happened and you lost, the overpayment would likely be classified as non-fault since you were truthful in your application. But honestly, with that county letter in hand, I'd be shocked if you didn't win this. Stay calm, bring your evidence, and let them try to explain their 5-month delay to the referee.

0 coins

Mae Bennett

•

This really helps put things in perspective - I was so panicked when I got that appeal notice but you're right about the timing being suspicious. I keep reading that county letter over and over to make sure it really says what I think it says! It's dated just last month and clearly states "case closed - no further action required." I can't understand how my employer thinks they can claim there's an "ongoing case" when I have black and white proof otherwise. I'm feeling more confident about this hearing now thanks to everyone's advice here.

0 coins

Pennsylvania Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today