Legal Question in Employment Law in Pennsylvania

unemployment sent me a letter stating they are stoping my unemployment do to failure to submit earnings, for two weeks in april of 2010, is there a way to pay back the money without jail time


Asked on 5/06/11, 12:00 pm

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

Yes. It is extremely unlikely that you are looking at jail time.

UC imposes two kinds of overpayments - 1) fault, and 2) non-fault. There are not enough facts provided to determine if you have a fault or a non-fault situation. It is likely that UC will call it a fault overpayment. You would then have the option of appealing the determination to change it to a non-fault. You may want to consult an attorney to see if such an appeal has any viability.

Fault overpayments must be repaid immediately (or a payment arrangement must be put into place.) In addition UC will impose penalty weeks (weeks that will be applied to any future claim duuring which you cannot collect). A non fault overpayment does not need to be repaid and sits as a credit on your account for three years. If you file again during that time a portion of your benefits will be applied to recouping the overpayment.

In my experience, criminal sanctions are only pursued when a fault overpayment has been assessed and no repayment is made. I represented such a client with a large over-payment a few years back and he entered a guily plea with a restitution agreement and no jail time.

As a practical matter it may cost more to hire an attorney and appeal the fault determination than it would just to pay back the money that was overpaid. If the amount is small, as it appears to be the case, and it is paid back, that should be the end of the matter.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

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Answered on 5/06/11, 12:16 pm


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