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PA UC demanding repayment after ex-employer falsely claimed misconduct - appeal timeline?

I'm in a really stressful situation with PA unemployment. I collected benefits for about 2 months earlier this year after losing my job. I've since found new employment (thank goodness), but just received a notice that my former employer is claiming I was fired for willful misconduct - which is absolutely NOT true! They're saying I need to repay all the benefits I received, which is over $2,800. I'm panicking because I don't have that kind of money saved up anymore. I filed an appeal immediately, but the notice doesn't say anything about how long it will take to get a hearing scheduled. Has anyone gone through the appeal process recently? How long did it take for your hearing to be scheduled? I'm worried this is going to drag on forever!

Haley Stokes

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i went thru this exact thing last yr. took about 3-4 weeks to get my hearing date in the mail, but then the actual hearing was scheduled for like 6 weeks later. it was all on the phone tho, didnt have to go anywhere

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Lia Quinn

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Thanks for responding! Did you have to prepare anything special for the hearing? I'm worried about having to prove a negative - how do I prove I DIDN'T commit misconduct?

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Asher Levin

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The appeal process takes time, but don't panic. Here's what typically happens: 1. PA UC usually schedules appeal hearings within 4-8 weeks after receiving your appeal 2. You'll get a Notice of Hearing in the mail with the exact date/time and instructions 3. Most hearings are still being conducted by phone due to backlog 4. The referee will hear both sides and make a determination While waiting, gather any documentation that shows you were not fired for willful misconduct: performance reviews, emails showing good standing, witness statements from coworkers, etc. The burden of proof is actually on your employer to prove misconduct occurred. Also, you're not required to repay anything while your appeal is pending. If you win your appeal, you won't owe anything.

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Lia Quinn

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Thank you so much for the detailed information! That helps calm my nerves a bit. I do have some emails where my manager praised my work about a month before I was let go, so I'll definitely have those ready. Really appreciate the tip about not having to repay during the appeal process - that was keeping me up at night.

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Serene Snow

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Appeal hearings are taking FOREVER right now!!!! My appeal took 11 WEEKS just to get scheduled and then another 4 weeks until the actual hearing date!!! THE WHOLE TIME I was stressing about potentially owing $4k back. I had to borrow money from family just to keep up with bills because I was saving everything in case I lost. The system is BROKEN!!!!!

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did u win ur appeal tho? im curious what happens at these hearings, like do u need a lawyer or something?

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Romeo Barrett

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I had a similar situation last year and found getting through to someone at UC to check on my appeal status was nearly impossible with constant busy signals. I discovered a service called Claimyr (claimyr.com) that got me connected to a UC rep within about 20 minutes instead of spending days redialing. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 The UC rep was able to tell me exactly where my appeal was in the queue and when I could expect my hearing notice. Really reduced my anxiety about the whole situation.

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Marina Hendrix

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Does this actually work? I've been trying to get through to ask about my appeal for TWO WEEKS. I'm desperate at this point.

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Romeo Barrett

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Yes, it worked for me. I was skeptical too but was at my wit's end after days of busy signals. I got through to someone who could actually see my claim in the system and tell me what was happening.

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Justin Trejo

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The appeal timeline realy depends on how backed up they are. Mine was back in January and it took about 7 weeks to get the hearing date, but my buddy just went through it and his only took 3 weeks to schedule. Just make sure you dont miss the mail with your hearing notice because they only reschedule if you have a really good reason. And btw employers lose these misconduct cases alot of the time if they dont have solid documentation. They have to prove the misconduct was willful and deliberate not just that you made mistakes or whatever.

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Lia Quinn

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That's good to know they often lose these cases. My former employer downsized the entire department but told some of us it was performance-based (probably to avoid paying severance). I don't think they have any documentation of misconduct because there wasn't any!

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quick question do u have to keep filing weekly claims while ur waiting for the appeal? i heard if u dont they can use that against u

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Asher Levin

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This is an important point. If you're still unemployed, you should continue filing weekly claims while your appeal is pending. If you've found new work, you don't need to file, but make sure PA UC knows you're employed now so they don't consider it abandoning your claim.

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My sister had the EXACT same thing happen and she waited 9 weeks for her appeal hearing!!! Then they rescheduled it TWICE!!!! She finally had the hearing almost 4 months after filing the appeal. The whole time she was stressed about having to pay back over $5000. She ended up winning though because her employer didn't even show up to the hearing lol

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Serene Snow

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SAME THING happened to me!!! My employer didn't call in for the hearing and I won by default! They should have to pay us interest for all the stress they put us through!!!

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Asher Levin

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Just to clarify a few things that might help while you wait: 1. Appeal timelines currently average 6-8 weeks for scheduling in PA, though it varies by region 2. You can check your appeal status by going to the UC website, clicking on "Appeals" and entering your appeal number from your notice 3. The hearing notice will come with instructions for submitting evidence before the hearing 4. You don't need a lawyer, though you can have one if you want - most people represent themselves 5. Prepare a simple timeline of events and be ready to clearly explain why you believe you were terminated without cause During the hearing itself, stay calm and stick to facts. The referee wants to hear what happened without emotional arguments.

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Justin Trejo

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This is all great advice! One other tip: write down your main points beforehand so you don't forget anything important during the hearing. It's easy to get nervous and forget things when you're on the spot.

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Haley Stokes

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o yeah i forgot to mention when i had my hearing the employer didnt even have any proof of the misconduct they claimed. the ref asked them for documentation and they just had like one writeup from months b4 i was fired that had nothing to do with why they fired me. if ur employer is lying they probably dont have good records to back it up

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Lia Quinn

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That gives me some hope! I know they don't have documentation of misconduct because there wasn't any. They laid off a bunch of people at once but seemed to randomly categorize some as performance-based terminations.

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