Thursday, March 17, 2011

PENNSYLVANIA UNEMPLOYMENT OVERPAYMENTS - What You Need to Do!

I Have Received a Notice Stating That I Committed Fraud and Was Overpaid Unemployment Compensation.  Will I be Arrested? Can I Go to Jail?  Is This a Crime?

No, you are not guilty of a "crime," and there is no chance that you will go to jail.

This Will NOT Happen
That being said, you can be assured that the Commonwealth of Pennsylvania will pursue your overpayment obligation vigorously, and will do things such as garnish your wages or seize your tax refunds.

Can I Appeal a Notice Stating That I Engaged in Fraud and Have Received an Overpayment of Unemployment Compensation in Pennsylvania?

Absolutely.

If you've received a Notice of Determination denying your unemployment claim on the grounds that you engaged in willful misconduct, and further that you have received an overpayment for which you are at fault and therefore must repay immediately. It also talks about penalty weeks. Scary.

You MUST Appeal Within 15 Days
Yes, but possibly fixable.

How?

Appeal the willful misconduct determination, and you will get a Hearing before a Referee.  Win that Hearing and 1) you will get a retroactive payment of all benefits due to you since you were initially denied; 2) you automatically win the overpayment issue, since any benefits you were previously paid were appropriate.

Being Prepared for the Referee Hearing is Essential
CAUTION:  You get only one bite at the apple.  If you lose the Unemployment Hearing before the Referee, in nearly every case you will lose when you appeal that decision to the Unemployment Compensation Board of Review.  Why?  The Board of Review only considers the record (the testimony and exhibits) created before the Referee.  You cannot "supplement the record" with new evidence; you do not get a new hearing.

This is why, given all that is at stake, it is a good idea to consider hiring an attorney to help you with the Referee Hearing.

Helping Pennsylvania Workers Since 1991
Philadelphia Area Unemployment Attorney Representing Employees

John A. Gallagher is an employment lawyer who represents claimants in Pennsylvania. 

John typically represents workers who need an employment lawyer in Philadelphia County, Delaware County, Montgomery County, Bucks County, Chester County, Berks County and Lancaster County.

Pennsylvania Unemployment Employment Attorney Provides Free Telephone Consultations (15 Minutes in Duration)

If you are looking for an unemployment lawyer, and live in Paoli, Exton, Phoenixville, Downingtown, Coatesville, West Chester, Newtown Square, Nether Providence, Springfield, Aston, Broomall, Marple, Villanova, Lansdowne, Wayne, Ardmore, Bryn Mawr, Glenolden, Havertown, Haverford, Limerick, Oaks,  Lower Merion or any of their surrounding towns, feel free to send me an e-mail or give me a call.  I am always glad to spend some time with people via a free telephone consultation.

Need an Experienced Lawyer for an Unemployment Hearing Before a Referee In Malvern, King of Prussia, Springfield, Bristol, Reading, Lancaster or Philadelphia?

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues

Click Here to e-mail John directly; Mr. Gallagher has handled hundreds of Referee Hearings throughout Pennsylvania.

Thanks for checking in with us.


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