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Ethan Wilson

PA UC hearing notice from 2021 job - can they take back benefits 4 years later?

Just opened our email and found my husband got a notice about an unemployment appeal hearing for a job he was fired from back in 2021. He collected UC benefits after that job let him go, and we thought everything was fine since it's been FOUR YEARS! Now suddenly there's this hearing scheduled? Can they really come after benefits from that long ago? Has anyone dealt with this kind of delayed hearing? We're freaking out thinking they might make him pay everything back after all this time. The notice doesn't explain much - just has a hearing date and reference to his 2021 claim.

Yuki Tanaka

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omg this happened to my cousin!! the employer waited like 3 years to contest her benefits and PA UC actually made her pay back like $14,000!! i thought there was some kinda time limit on this stuff but apparently not?? this system is so broken its not even funny

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Ethan Wilson

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$14,000?!! We can't afford anything close to that. Did your cousin have any warning before the hearing notice came? We're trying to figure out if we should get a lawyer or something.

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Carmen Diaz

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There is actually a time limit for employers to appeal initial benefit determinations, which is typically 15 days after the determination is issued. However, there are some situations where PA UC might reopen a case years later: 1. If your husband's original claim had unresolved issues that were never properly adjudicated 2. If there was an audit that flagged his case 3. If his former employer filed a late appeal and was granted "good cause" for the delay 4. If there was potential misrepresentation or fraud detected You should gather all documentation from the original claim, including any determination letters, communication with the employer, and separation information. Also check what specific issue is being appealed - is it the initial eligibility determination or something else?

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Ethan Wilson

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Thank you for this detailed response. We're going to look for all his paperwork tonight. The notice mentions something about "willful misconduct" which is what got him fired originally. His boss said he violated company policy, but my husband says the policy wasn't clearly communicated. We thought this was all settled when he got approved for benefits back then.

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Andre Laurent

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I went thru a hearing after collecting benefits & won because i prepared well. My advice is to get ready to explain EXACTLY why the firing wasn't his fault. If the hearing is about willful misconduct, the employer has to prove he deliberately broke rules he knew about. Write down dates, who said what, & any proof the policy wasn't clear. If you can show he didn't knowingly break rules, you should be ok. Bring witnesses if possible. Also make sure to call in 15 mins early to the hearing!

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Ethan Wilson

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This is really helpful, thank you! Do you think we need to hire a lawyer for this? We've never been through a UC hearing before and I'm worried about saying the wrong thing.

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AstroAce

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just wondering did ur husband get a new job after being fired??? cus if he didnt report income while getting benefits thats prob why there investigating now. my brother had this happen but it was only like 8 months later not 4 years thats crazy

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Ethan Wilson

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He did get a new job about 4 months after being fired, but he stopped claiming benefits as soon as he started working. He was really careful about reporting everything correctly because he was worried about exactly this kind of situation.

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You absolutely need to attend this hearing no matter what! I missed my hearing because the notice went to my spam folder and PA UC automatically ruled against me. Had to pay back $8,750 plus interest. If you can't connect to the hearing for any reason, call them immediately and document everything. I spent WEEKS trying to reach someone at UC to explain my situation. Finally used a service called Claimyr (claimyr.com) that got me through to an actual person at PA UC within 30 minutes. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2 Seriously, don't miss that hearing date no matter what.

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Jamal Brown

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does that claimyr thing actually work? ive been trying to get ahold of someone for 2 weeks about my claim

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It worked for me when nothing else did. After calling 40+ times a day for a week straight and getting nothing but busy signals, I was desperate. Got through to someone who actually helped resolve my issue. Best money I've spent dealing with this nightmare system.

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Mei Zhang

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I'm a little confused...how can an employer wait 4 years to appeal? That doesn't sound right. Are you sure this notice is legitimate? There have been a lot of UC scams lately. Double check the contact information and maybe call PA UC directly to verify this is real before panicking.

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Ethan Wilson

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That's a good point! I didn't even consider it might be a scam. The email came from a pa.gov address and has all his claim info though. I'll try to call tomorrow to verify it's legitimate.

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Carmen Diaz

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Regarding whether you need an attorney - it depends on how much is potentially at stake and how comfortable you feel representing yourselves. If the potential overpayment amount is substantial, it might be worth consulting with a free legal aid service that specializes in unemployment issues. Legal Aid of Southeastern PA or Philadelphia Legal Assistance offer free help with UC hearings if you qualify financially. You can also contact the PA Bar Association for a referral to an attorney who handles UC cases. At minimum, I recommend: 1. Writing a clear timeline of employment, termination, and benefit collection 2. Gathering any evidence regarding the company policy that was allegedly violated 3. Preparing a clear, concise explanation of why the termination wasn't due to willful misconduct 4. Documenting all benefit payments received

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Ethan Wilson

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Thank you so much for this detailed advice. We're going to call Legal Aid tomorrow. I've started putting together all the documents we can find. His old boss had a reputation for firing people for minor issues, so hopefully that will help our case.

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Andre Laurent

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One more important thing - during the hearing, only answer exactly what the referee asks. Don't volunteer extra info or ramble on. Be polite but stick to facts. The referee will give both sides chance to ask questions. Write down what the employer says so you can address any false claims. And if you win, the employer might appeal again to the Board of Review, so keep all your notes and documents for at least a year after.

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Ethan Wilson

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This is extremely helpful advice, thank you! My husband tends to over-explain when he's nervous, so I'll make sure to prep him on keeping answers brief and factual.

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AstroAce

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btw u should look at ur mail not just email cause sometimes they send important stuff only thru regular mail and if u miss deadlines ur automatically guilty basically

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Ethan Wilson

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Good point! We've been checking the mailbox every day now. So far nothing's come through regular mail, just that email with the hearing notice.

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Jamal Brown

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I just went through a hearing last month and won!!! My company tried to say I was fired for cause but I had documentation proving they were lying. Make sure your husband brings ANYTHING that shows his side - texts, emails, employee handbook, performance reviews, ANYTHING. Referees actually do listen if you have evidence.

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Ethan Wilson

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That's encouraging to hear! He might have some old emails that could help. Did you speak to a lawyer before your hearing or handle it yourself?

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Jamal Brown

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Did it myself! Just prepared really well. Wrote out my main points, practiced what I wanted to say, and stayed calm during the hearing. The referee was actually pretty fair and listened to both sides. As long as you're honest and have some evidence, you have a good chance.

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