PA UC appeal hearing for non-fault overpayment - employer no-show! What happens next?
I just walked out of my non-fault overpayment appeal hearing and I'm shaking. My employer didn't bother to show up! I was hit with a $4,200 overpayment notice back in January saying I wasn't eligible for benefits I received last fall. But I was laid off due to 'lack of work' - that's what they told me! Now UC says I supposedly quit?? I had all my documentation ready, went through the whole stressful process of preparing my case, and then my former employer just doesn't show. The referee took my testimony and evidence but didn't give any hint about the decision. Has anyone been through a non-fault overpayment appeal where the employer was a no-show? Does this help my case? How long until I hear something? I'm so nervous about having to pay back all that money when I did everything right!
22 comments
Quinn Herbert
This is actually GOOD news for you. When the employer doesn't show up for an appeal hearing, they basically forfeit their side of the argument. The referee can only go by the evidence presented, which was yours. Without your employer there to contradict your story about being laid off due to 'lack of work,' the referee has to take your testimony as fact (assuming you brought some documentation). In my experience with PA UC appeals, you should get a decision in about 7-10 days by mail. I went through something similar and won my case. The no-show by your employer significantly strengthens your position.
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Shelby Bauman
•Oh thank you! That gives me some hope. I did bring my original layoff letter that specifically said 'lack of work' and my final paystub. The referee seemed to review everything carefully but was so poker-faced I couldn't tell what she was thinking. Would they really make an employer pay back the $4,200 instead of me? I'm still so confused why UC thought I quit when I have proof of being laid off.
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Salim Nasir
my cousin had this happen last year. employer didnt show and he won automatically. took like 2 weeks to get the letter. your probably fine
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Hazel Garcia
•This isn't always true though. My employer didn't show either but I still lost because apparently they had submitted written testimony beforehand. The referee mentioned it during the hearing. Did your referee mention anything about written statements from your employer?
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Shelby Bauman
@confusedclaimant7 The referee didn't mention any written statements, but now I'm worried! She did have a folder with her that had some papers in it. Would they have told me if there was a statement from my employer?
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Quinn Herbert
•Yes, they're required to inform you of any evidence being considered. If the referee didn't mention any employer statement, then there likely wasn't one. That folder probably just had your case information and claim history.
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Laila Fury
Having worked through several PA UC appeals, I can tell you that an employer no-show is usually positive for your case, but not a guarantee. The referee will make their decision based on: 1) Your testimony, 2) Any documentation you provided, 3) Your original claim information, and 4) Any written evidence submitted by either party before the hearing. In non-fault overpayment cases, the burden of proof is technically on the UC office to prove you were paid benefits you weren't eligible for. Without your employer there to support their version of events, and with your documentation showing a layoff, you're in a strong position. You should receive the referee's decision within 10-14 days. If you win, the overpayment will be removed from your account. If for some reason you don't win, you can request a further appeal to the UC Board of Review within 15 days of receiving the decision.
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Shelby Bauman
•This is so helpful, thank you! The whole thing has been so stressful. My original claim was approved without any issues, then 6 months later they hit me with this overpayment. If I win, will that be the end of it or can they try to come after me again later?
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Geoff Richards
I HAD THE EXACT SAME THING HAPPEN TO ME IN DECEMBER!!!! Employer didn't show, I thought I was good, then THREE WEEKS LATER I got a decision letter saying I still owed the money!!! The referee said even though my employer didn't attend, they had sent in some form beforehand that contradicted what I said. I ended up having to set up a payment plan for $6,500!!! The PA UC system is COMPLETELY BROKEN and they always side with employers. I'm still fighting my case with the Board of Review but it's been months with no resolution. Don't get your hopes up!
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Laila Fury
•I'm sorry you had that experience, but it's not accurate to say they always side with employers. The outcome really depends on the evidence. If the employer submitted documentation before the hearing that contradicted your testimony and you didn't have documentation to support your position, that could explain the decision. For the original poster, the fact that they have a layoff letter specifically stating "lack of work" is strong evidence in their favor. Appeals decisions are based on evidence, not attendance.
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Simon White
I struggled to get through to anyone at UC to discuss my appeal before my hearing. After trying for days with constant busy signals, I finally used Claimyr (claimyr.com) to get connected to a UC rep within 20 minutes. They were able to explain exactly what documentation I needed to bring to my hearing. Made a huge difference in my preparation. They have a video demo at https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 that shows how it works. For your current situation, I'd recommend calling UC with any service that can get you through to check on your appeal status if you don't hear anything within two weeks.
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Shelby Bauman
•Thanks for the tip! I tried calling them before my hearing too and it was impossible to get through. I'll check this out if I don't hear something soon. Did you win your appeal?
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Simon White
Yes, I did win my appeal! In my case, the employer did show up but couldn't provide any evidence that I had violated company policy as they claimed. The referee ruled in my favor and the overpayment was removed about 3 weeks after the hearing.
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Hugo Kass
•i think employers make stuff up all the time to avoid paying unemployment. happened to me twice with different jobs lol. they just hope u dont appeal
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Hazel Garcia
My experience with PA UC is that decisions usually take 2-3 weeks to arrive after the hearing. For what it's worth, I've seen several cases where the employer not showing up led to the claimant winning. Referees tend to base decisions heavily on who provides the most convincing evidence. If you were the only one who showed up AND you had documentation backing your side of the story, that's typically very favorable.
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Shelby Bauman
•Thank you, that's reassuring. I've barely slept since getting that overpayment notice. I don't have $4,200 just sitting around to pay back!
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Salim Nasir
wait did u sign anything when u left the job? my brothers gf had this same thing happen but she lost cuz she signed some paper without reading it and it said she was quitting lol
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Shelby Bauman
•Oh god, now I'm trying to remember if I signed anything! They handed me my final check and a folder of papers about benefits ending and COBRA insurance stuff. I don't think there was anything about quitting though - I definitely didn't quit!
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Geoff Richards
Check your MAIL CAREFULLY when it comes!!! The appeal decision doesn't come in a big obvious envelope - mine came in a regular white envelope that looked like junk mail and I almost threw it away!!! And you only have 15 DAYS from the MAIL DATE (not when you receive it) to file the next appeal if you need to!!!
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Shelby Bauman
•Thanks for the warning! I'll keep an eye out for any mail from them. Really hoping I don't need to appeal further.
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Quinn Herbert
One last piece of advice - make a copy of your decision letter when it arrives and keep it forever. If PA UC ever tries to bring this up again (even years later), having that documentation will immediately shut it down. Also, if the decision is in your favor, check your UC account online after about 2-3 weeks to confirm the overpayment has been removed from your balance. Sometimes they're slow to update the system even after a favorable decision.
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Laila Fury
•This is excellent advice. I'd also recommend keeping a copy of the referee's full written decision, not just the determination letter. The reasoning in the decision can be helpful if there are ever questions about your claim in the future. PA UC sometimes revisits old claims during routine audits.
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