PA UC benefits approved then employer filed late appeal - hearing scheduled after payment received
I'm dealing with a really stressful situation with my PA unemployment benefits and wondering if anyone's gone through something similar. I was let go from my retail management position in January (after 5 years there) due to what they called 'restructuring' but I believe was actually age discrimination. I immediately filed for UC benefits and waited... and waited. After nearly 8 weeks with no movement, I contacted my state representative's office who helped push my claim through. Finally in mid-March, I received a lump sum payment of $7,850 for all my back weeks plus regular weekly payments after that. Here's where things get crazy - I just received a notice yesterday that my former employer filed an appeal on March 30th (nearly THREE MONTHS after I first applied) claiming I was fired for misconduct (completely untrue). Now I have a referee hearing scheduled for next week. Can they really do this? The determination was already made in my favor and I've been paid! Has anyone dealt with an employer filing a super late appeal after benefits were already approved and paid? I'm panicking about potentially having to pay everything back.
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Sebastian Scott
Yes, unfortunately employers can file appeals within 15 days of receiving the determination notice, not from when you applied. Sometimes employers don't respond initially but then decide to appeal once they get the official determination. At the hearing, you'll need to be prepared to counter their claims of misconduct. Bring any documentation showing your positive work history, performance reviews, etc. The good news is that the burden of proof is on them to prove misconduct, not on you to disprove it. Make sure you attend the hearing - if you don't show up, you'll automatically lose.
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Sarah Jones
•Thanks for responding! Do you know if I have to repay the benefits right away if they somehow win the appeal? I've already used some of that money to catch up on bills and rent that fell behind while waiting for approval.
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Emily Sanjay
this happend 2 me last yr!!! my boss didnt say nothing 4 months then sudenly wanted 2 fight my benefits. the hearing was scary but i won cuz they couldnt prove i did anything rong. just tell the truth and bring any emails/txt that help ur case. good luck!!!
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Sarah Jones
•That gives me some hope! Did you have to prepare anything specific for the hearing? I've never done anything like this before.
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Jordan Walker
THE SAME EXACT THING HAPPENED TO ME!!!! My employer waited until the last possible day to file their appeal and I was FURIOUS!!! I had already received over $6000 in back payments. These companies don't care about us at all - they just want to keep their UC tax rates low by fighting legitimate claims. The system is RIGGED against workers!!!
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Natalie Adams
•what happened with ur case? did u win or have to pay it all back?
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Jordan Walker
•I won my case because I had saved all the emails where my supervisor praised my work just 2 weeks before they let me go claiming 'poor performance.' THE LIARS couldn't explain that to the referee! Document EVERYTHING with these companies!!
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Elijah O'Reilly
To answer your main question - yes, employers typically have 15 days to appeal from when they receive the determination notice, not from your application date. This sometimes creates situations exactly like yours where payments are issued before an appeal happens. For your hearing: 1. Prepare to explain why your separation wasn't misconduct 2. Bring any documentation showing positive performance 3. If you have evidence of the age discrimination, bring that too 4. Be professional and stick to facts, not emotions If they win the appeal, you would typically receive a notice of overpayment, but you can often arrange a payment plan or apply for a waiver if repayment would cause financial hardship. You also have the right to appeal their appeal decision if you lose.
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Sarah Jones
•This is really helpful, thank you. I do have copies of my performance reviews which were all positive. Should I bring witnesses to the hearing? My direct supervisor actually told me off the record that it wasn't performance related but she had to go along with HR's decision.
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Elijah O'Reilly
•Witnesses can be very helpful. If your supervisor is willing to testify about what they told you off the record, that would be extremely valuable. If not, think about colleagues who might have overheard relevant conversations or who can testify to your work quality. The referee will give both sides a chance to question witnesses. Just know that virtual/phone hearings may handle witness testimony differently than in-person hearings.
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Amara Torres
I've been trying to reach PA UC for weeks about a similar issue (employer appealing after I got paid) but can't get through on the phone. Always busy signals or it hangs up after waiting forever. Anyone know a way to actually talk to someone there?
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Olivia Van-Cleve
•I was in the same boat trying to reach someone about my appeal. After days of busy signals, I found a service called Claimyr that got me through to a UC rep in less than 20 minutes. It basically keeps dialing for you until it gets through. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. Totally worth it to actually speak with someone rather than stressing over not getting answers about my appeal.
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Amara Torres
•thanks will check it out tomorrow morning!
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Mason Kaczka
Happened to me too but my story is even crazier. Got approved, then my employer appealed 2 months later, had a hearing, won the hearing, then they appealed AGAIN to the board of review! Took almost 5 months to resolve completely. Just stick to the facts and you'll be fine if you were truly let go for non-misconduct reasons.
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Sarah Jones
•Wow, that's ridiculous they can appeal multiple times! Did you have to hire a lawyer at any point?
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Mason Kaczka
•No lawyer, but I did call legal aid for some free advice before my first hearing. They explained what to expect and helped me organize my evidence. Might be worth doing!
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Sebastian Scott
One important thing to know for your hearing - write down a timeline of events and have it with you. The referee will ask you specific questions about dates, warnings, conversations, etc. Having notes helps tremendously when you're nervous. Also, speak clearly and address the referee as "Sir" or "Ma'am" - first impressions matter a lot in these hearings.
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Sarah Jones
•That's good advice about the timeline. I'm definitely going to be nervous, and I tend to jumble dates when I'm stressed. I'll make sure to prepare a clear chronology of events before the hearing.
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Natalie Adams
is the hearing in person or on phone? the phone ones r easier cuz u can have all ur notes and stuff right infront of u and they cant see if ur nervous lol
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Sarah Jones
•The notice says it's a phone hearing, so that's a small relief! I was worried about having to face my former manager in person.
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Emily Sanjay
make sure u call in 5 mins early for the hearing! my frend was late and the ref started without her and she lost her case
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Sarah Jones
Update: Had my hearing yesterday! It was nerve-wracking but I think it went well. My ex-employer tried claiming I violated company policy, but when the referee asked for documentation of the policy and evidence I was trained on it, they couldn't provide anything! The referee seemed unimpressed with their case. Now I just have to wait for the decision. Thanks everyone for your advice - it really helped me prepare!
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Sebastian Scott
•That sounds promising! Usually when the employer can't provide documentation, it works in your favor. The referee typically issues a decision within 10-14 days. Keep us posted!
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Elijah O'Reilly
•Great job preparing for the hearing! The lack of documentation on their part is a very good sign. If you do receive a favorable decision, be aware the employer still has 15 days to appeal to the Board of Review, but each level of appeal becomes more difficult for them if they couldn't provide evidence at the referee hearing.
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Omar Fawaz
That's such great news about your hearing! The fact that they couldn't provide any documentation when asked is huge - employers are required to prove misconduct with actual evidence, not just claims. I went through something similar last year where my employer made all sorts of accusations but had zero paperwork to back it up. The referee ruled in my favor within a week because of their lack of evidence. Sounds like you did everything right by being prepared and staying calm. Fingers crossed you get your decision soon!
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Issac Nightingale
•Thanks for sharing your experience! It's really reassuring to hear from someone who went through the same thing. I was so worried they might somehow win despite having no real evidence. The whole process has been so stressful, especially after already dealing with the initial weeks of waiting for approval. Did your employer try to appeal again after losing at the referee level, or did they give up at that point?
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Owen Devar
•In my case, they actually did try to appeal to the Board of Review, but it was denied pretty quickly - maybe 3 weeks later. I think once employers realize they don't have solid documentation, most of them don't bother with the second appeal since it costs them more time and resources. The Board of Review tends to be even stricter about requiring actual evidence of misconduct. Hopefully your employer will just accept the referee's decision and move on!
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Ethan Taylor
Congratulations on getting through the hearing! It sounds like you were really well-prepared and that made all the difference. The fact that your employer couldn't provide any documentation when the referee asked is a huge red flag for their case - employers are supposed to have policies in writing and proof that employees were trained on them if they're going to claim policy violations. I've seen so many cases where companies try to claim misconduct after the fact but have nothing to back it up. The referee asking for specific documentation and them coming up empty-handed is exactly what you want to see. Keep checking your correspondence regularly for the decision - it usually comes as a determination letter. Really hoping this works out in your favor after all the stress you've been through!
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Benjamin Kim
•This is so encouraging to read! I'm new to this whole unemployment appeals process and was really worried about what to expect. The fact that they couldn't produce any documentation when asked by the referee gives me hope that employers can't just make random accusations without backing them up. I'm dealing with a similar situation where my former employer is claiming misconduct months after my termination, and like you, I suspect they're just trying to avoid higher UC taxes. Thanks for sharing your experience - it helps those of us going through this stressful process to know what actually happens in these hearings!
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