PA UC reversed my approved appeal and now claiming fraud - need legal advice ASAP

Yes, unfortunately the Board of Review can overturn a referee's decision if the employer appeals to the next level or if UC staff find what they consider new evidence of ineligibility. You have 15 days from the determination date to file a new appeal. I went through this exact situation last year. Make sure you specifically address why you believe the fraud determination is incorrect, and request another hearing. Document EVERYTHING. The ref decision should have included language explaining the appeal process to the Board of Review.

omg thats so messed up! the same thing happened to my brother and it took him like 6 months to get it resolved. pa unemployment is a joke fr

The appeals process is super frustrating, I know. Here's what you should do right away: 1) File your appeal immediately - don't wait the full 15 days 2) In your appeal, specifically request another hearing and explain why the fraud determination is incorrect 3) Contact your state representative's office - they have unemployment liaisons who can look into your case 4) Request all documents related to your claim through the Right to Know process And most importantly, DO NOT IGNORE THIS. Even if you think it's obviously wrong, you must appeal formally or it becomes permanent. I've seen too many people get wage garnishments because they didn't follow the appeal process correctly.

I've been through this nightmare. The UC system is completely broken. When they labeled me with fraud, I couldn't get ANYONE on the phone. After 200+ calls over 3 weeks, I found Claimyr (claimyr.com) and got through to a UC agent in 20 minutes. They were able to explain exactly why my claim was flagged and what I needed to submit to appeal it. Saved me weeks of stress. They have a video showing how it works: https://youtu.be/CEPETxZdo9E?si=WL1ZzVZWG3KiHrg2. Worth every penny when you're dealing with a fraud determination.

hate to say it but you probably need a lawyer. my cousin had something similar happen and tried to fight it himself. ended up losing and having his wages garnished for like 2 years. legal aid might be able to help if you cant afford an attorney

To answer your question about the appeal deadline - yes, you only have 7 days left, but UC will often accept appeals filed a few days late if you explain why (like the notice being sent to the wrong address). You need to note that specifically in your appeal. Regarding the fraud determination, there are two main types: intentional fraud (which carries penalties) and fault overpayment (which doesn't have penalties but you still repay). Make sure you understand which one they're claiming.

This happened to me too! the whole system is designed to confuse people so they can label everything fraud later. i had a referee rule in my favor then 2 months later they said i committed fraud by not reporting work properly even though i had documentation proving i did!!!

Not sure if this is helpful but I know someone who works for a legal aid office that helps with unemployment appeals for free. If your income is below a certain amount you can qualify. Try Philadelphia Legal Assistance if you're in that area, or look up legal aid in your county. The fraud determination is serious and worth getting professional help with.

After you file your appeal, you should request a copy of your claim record through the Right to Know process. This will show you exactly what evidence they're using against you. It takes about 2-3 weeks to get the records, but it's worth it. You can also try to talk to a UC examiner to understand why they made this determination - that's often faster than waiting for the records. Also, important note: even while appealing, set up a repayment plan even if it's just $5 a month. This keeps your account in good standing and prevents them from taking more aggressive collection actions while you fight this.

UPDATE: I just got through to UC after using the Claimyr service that someone suggested. The agent explained that my employer submitted new information claiming I was fired for misconduct instead of laid off. This is 100% false and I have texts from my manager confirming I was laid off due to slow winter business! The agent advised me to submit these texts with my appeal and request a new hearing. I'm filing my appeal today and contacting legal aid tomorrow. Thank you all for the help and advice!

Wow, what a rollercoaster! I'm so glad you were able to get through and find out what's really going on. Your employer submitting false information about misconduct after you already won your appeal is absolutely infuriating. The fact that you have text messages from your manager confirming the layoff is going to be crucial evidence. When you submit your appeal, make sure to also request a timeline of when your employer submitted this "new evidence" - it seems suspicious that they waited until after you won to suddenly claim misconduct. Document everything about your original layoff situation too, like the restaurant's reduced hours, any other employees who were laid off around the same time, etc. You're doing all the right things by getting legal aid involved. This kind of employer retaliation after losing an appeal should not be tolerated. Keep fighting this!

This is such a frustrating situation, but I'm really glad you were able to get through to an agent and discover what's actually happening! Your employer claiming misconduct AFTER you already won your initial appeal is absolutely shady. The fact that you have text messages from your manager confirming the layoff is going to be your strongest piece of evidence. A few additional things to consider for your appeal: - Request the exact date your employer submitted this "new evidence" - if it was after your successful hearing, that raises serious questions about why they didn't present it initially - See if you can get documentation about the restaurant's business conditions during that time (reduced hours, other layoffs, etc.) - If possible, get statements from coworkers who can verify the layoff situation The Board of Review hearing will be your chance to present all this evidence and challenge your employer's revised story. Don't let them intimidate you - you have documentation on your side. Legal aid will definitely help you prepare a strong case. This kind of employer retaliation after losing an appeal is exactly why the appeals process exists. Keep us posted on how it goes!

I'm so sorry you're going through this nightmare! The fact that your employer waited until AFTER you won your appeal to suddenly claim misconduct is extremely suspicious and honestly feels like retaliation. Having those text messages from your manager confirming the layoff is going to be huge for your case. A couple things that might help strengthen your appeal: - Try to get any documentation showing the restaurant's reduced business during that time (maybe old schedules, receipts, or even social media posts about being slow) - If other employees were laid off around the same time, see if any would be willing to provide brief statements - When you file your appeal, specifically mention the suspicious timing of your employer's "new evidence" - why didn't they present this during the original hearing if it existed? The whole situation is infuriating but you're handling it exactly right. Getting legal aid involved is smart, and having actual documentation (those texts) puts you in a much stronger position than most people dealing with these kinds of employer lies. Don't let them intimidate you - the Board of Review should be able to see through this obvious retaliation attempt. Keep fighting!