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.

Philadelphia Are Employment Attorneys Representing Employees

We are employment lawyers who represents employees in Pennsylvania. 

We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorneys Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Ardmore, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Chalfont, Plymouth Meeting, Pottstown, Willow Grove, Horsham, Rose Valley, Upper Darby, North Wales, Conshohocken, Glenside, Montgomeryville, Hatboro, Harleysville, Souderton, Audubon, Jenkintown, Gilbertsville, Chesterbrook, Thorndale, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Pennsburg, Schwenksville, Glenside, Doylestown, Radnor, Berwyn, Bryn Mawr, Wayne, Newtown Square, Exton, Center City Philadelphia, Swarthmore, Sharon Hill, Chadds Ford, West Chester, Skippack, Langhorne, Haverford, Newtown Square, Nether Providence, Broomall, Drexel Hill, Reading, Mount Penn, Stowe or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

Thanks for checking in with us.