PA UC approved but employer filed an appeal - what happens now?
I got approved for PA unemployment about 3 weeks ago and have been receiving my weekly payments (thank goodness because rent was due). Yesterday I got a notice that my former employer is appealing my benefits! I'm freaking out because I've already spent some of that money on bills. Can they really take away benefits that were already approved? Has anyone dealt with this before? The letter says there will be a hearing but doesn't say if my payments will stop while this is happening. I was laid off due to "restructuring" but my boss had been making comments about my performance the month before. Now I'm worried they're going to claim I was fired for cause.
20 comments
Landon Flounder
Yep happens all the time. My company did this to me last year. Keep collecting while u can cuz if u lose the appeal they'll make u pay it ALL back!!
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Jacinda Yu
•Seriously??? They can make me pay everything back? Even what I already spent on rent and utilities?? I don't have savings to cover that!
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Callum Savage
This is a common situation with PA UC claims. Your employer has the right to appeal within 15 days of receiving the determination that granted you benefits. The good news is that your benefits will continue while the appeal is pending - they don't stop just because an appeal was filed. However, you should prepare for the hearing very carefully. Gather any documentation related to your separation (emails about the restructuring, performance reviews, termination letter, etc). If you lose the appeal, you may be responsible for repaying benefits received, but you would also have the right to appeal that decision further. Make sure you attend the hearing (they're often by phone now) and be prepared to explain why you believe you were laid off rather than fired for cause.
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Jacinda Yu
•Thank you for explaining. Do you know how long I have to prepare? The notice doesn't give a hearing date yet. And should I hire a lawyer? I really can't afford one right now.
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Ally Tailer
something similar happened to my cousin last fall. employer said they fired him for attendance but he had doctors notes for everything!! they did this just to avoid paying their share of unemployment taxes. such BS!
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Aliyah Debovski
•This is important to understand - employers don't directly pay your benefits, but their unemployment tax rate can increase when former employees collect benefits. That's why some fight legitimate claims.
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Aliyah Debovski
You should receive a Notice of Hearing at least 10 days before the scheduled date. This will include the time, how to connect (phone/video), and the specific issues to be addressed. A lawyer isn't required for UC hearings, but if you have access to legal aid or a free consultation, it might help you prepare. The referee will give both sides a chance to present their case and ask questions. Focus on these key points for your hearing: 1. Stick to facts rather than emotions 2. Explain the restructuring and how you were informed 3. If they bring up performance issues, be ready to address when/how these were communicated 4. Bring any witnesses who can support your version of events Documentation is crucial - emails, texts, performance reviews, termination paperwork, etc.
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Jacinda Yu
•This is really helpful advice, thank you. I'm going to start gathering everything tonight. I do have the official layoff letter that mentions restructuring, so hopefully that helps my case.
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Miranda Singer
I went through this exact nightmare last winter! Been at my job 5 YEARS then suddenly they claimed I was fired for misconduct after initially telling me it was a layoff. I was approved for benefits then they appealed. THE HEARING WAS A DISASTER!! I couldn't get a word in and the referee seemed biased. I lost and owed back $4,800!!!! Had to set up a payment plan. FIGHT THIS WITH EVERYTHING YOU'VE GOT!!!
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Jacinda Yu
•That's terrifying. I'm really sorry that happened to you. Did you have any documentation for your case? I'm trying to figure out what I need to prove I was laid off.
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Miranda Singer
•I had some emails but not the right ones. GET EVERYTHING. Pay special attention to ANYTHING that mentions restructuring or reduction in force. And if you have any performance reviews that were positive, bring those too! Don't let them rewrite history!!!
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Cass Green
I tried calling PA UC to ask about my employer's appeal but kept getting busy signals for days. Anyone know the secret to actually reaching a human being there?
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Finley Garrett
•I was in the same boat last month trying to sort out an appeal issue. After 3 days of constant busy signals, I found this service called Claimyr that got me through to a PA UC rep in about 20 minutes. It basically keeps calling for you and holds your place in line. Saved me from going crazy with redial. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 and the website is claimyr.com - definitely worth it to get answers about your appeal rights directly from a rep.
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Cass Green
•Thanks, I'll check it out! Getting through to someone who can actually explain the process would be really helpful right now.
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Aliyah Debovski
One other important thing to know: If you do lose the appeal and are assessed an overpayment, you can request a waiver if repayment would cause financial hardship. You'd need to complete the overpayment waiver request form and provide documentation of your financial situation. PA UC does sometimes approve these waivers for non-fraud overpayments, especially when the claimant applied in good faith.
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Jacinda Yu
•I didn't know about the waiver option. That's at least somewhat reassuring if things go badly. I definitely applied in good faith - I had no idea they would claim I wasn't eligible.
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Madison Tipne
i think everyone is being to negative here!!! lots of employers appeal and then dont even show up to the hearing and then u automatically win. happened to my brother in law. just saying dont panic yet
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Jacinda Yu
•Thanks, that's actually a bit comforting. I'm still going to prepare like crazy but good to know that's a possibility too.
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Callum Savage
Make sure you continue filing your weekly certifications while this appeal is pending. If you stop filing, you'll lose benefits regardless of the appeal outcome. And remember to continue your work search activities (applying to jobs, networking, etc.) and record them each week as required.
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Jacinda Yu
•Will do - I've been really careful about doing my work search activities and documenting everything. I'll keep filing as normal. Thanks for the reminder!
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