What are the consequences of losing an Unemployment Hearing?

I am going to be having an unemployment phone hearing regarding whether or not my employer fired me under just cause or not. It is only a week or so away and I need to prepare for this case. I would like to know what are some of the consequences of losing this case. Will I have to pay back the money that I have withdrawn from my unemployment insurance? Is there possible jail time? what is really at stake here? if I do have to pay it back, would they garnish my wages, repossess my assets, or let me pay in installments? anyone with experience with this, that could answer seriously would help.

No jail time, ever. You man not be required to repay it, everything depends upon the circumstances. Make sure you write down and have in front of you the reasons why you should be eligible, don't trust your memory since you might be nervous. Dispute any reasons of your former employer's claim that you are not entitled to benefits that you can. An appeal can also be appealed.

If you lose you will have to pay the money back.
I had to have a hearing once and I ended up winning. But I had to have doctors documentation proving that I took time off for a good cause, and that my work had no right to fire me.
If you lose the hearing you will also have the right to appeal.
And yes they would let you pay in installments, but you would not be allowed to take out unemployment again until it was paid back.

EDIT: ryleesmom, they pay people all the time before they get the determination back from work. Otherwise people would have to wait sometimes 2 months before they would start receiving unemployment.

NO consequences to you other than losing this appeal.
Money in hand is your money.
It sounds like you requested this phone hearing to determine if you were termonated illegally only.
don't worry, unless you were deceitful in obtaining the job in the first place or if it can be proven you were terminated for theft or other illegal cause. Were there cameras? Did you rob anyone?
good luck.
BTW- the employee usually wins these cases if you have solid evidence, dates, notes of instances of discrimination, etc.

I have a question. How were you paid unemployment and then an employer deny it. How long from the day you first filed until you received your first weekly payment? I never have heard of anyone receiving unemployment then a employer have the option of denying it.

Normally, appeals are handled within a couple weeks of applying. I am getting the feeling, from your concerns, that you lied about your termination when applying. This could get you in deep trouble and require the funds to be repaid.

I'm an Unemployment judge in New York. I cannot answer all your questions, because I don't know where you live. But let me say this about that. People do not go to jail for this. In NY, cases often appear threefold - there's a "separation" issue (ie: misconduct), an overpayment, which may or may not be "recoverable", and a "willful misrepresentation" issue, which is about whether you lied to Unemployment to get benefits. If you lose, you have to 1) earn 5 times your benefit rate in subsequent employment before you have another chance at benefits, 2) pay back the benefits you received if you misrepresented your circumstances, and if that's the case, 3) you also get penalized 2 or more weeks of future benefits. Payback is usually in installments, or taken from your next claim for benefits.

Your question is really confusing because whether you were fired for just cause that would effect your claim to unemployment, is an issue decided before you begin to receive benefits. From your question it sounds like you are already receiving benefits.

Also the interview on the phone usually takes place before the decision to give you benefits.

An unemployment hearing usually only takes place if someone has appealed the decision that the unemployment department has made.

The only way this would make sense is if you were granted unemployment benefits and your employer decided to appeal. But because you were granted benefits, you have been paid benefits pending your employer's appeal.

If that is the case, your employer will have the burden to prove that granting you benefits was clearly in error. That is a heavy burden. The purpose of unemployment benefits is to provide employees with support during the transition to finding another job. It is weighed in favor of the employee. Also unemployment benefits are covered by insurance not payment into a system like social security which many think.

I would not worry as long as you have been honest with the unemployment department. I would recommend that you ask that you be sent a copy of the file since you will have to respond and will need to know what your employer is saying as to the reason for your unemployment.

No you cannot get jail time for this unless your claim is fraudulent and the local DA decides to prosecute you. Which is very doubtful.

As far as paying back the benefits. Again if they find that your claim was fraudulent they can ask that the money be paid back.

Some of the consequences- You should not have to pay back to your unemployment "UE" Insurance. The reason you paid your premiums is so that you would be covered in the instance you were unemployed; however, if , at your hearing, are unemployed and at fault for that unemployment, your benefits MAY be affected.
Jail should not even be a worry. This hearing should be in front of something like an administrative law judge who will make a finding of fault. If you have criminal charges that stem from this issue, that is another story.
The hearing is a determination of whether you are entitled to UE compensation under the existant workers' and UE compensation laws. The hearings deal with determinations of which party, the worker or employer, was at fault when the employer was terminated or quit. The results of that hearing can either grant or restrict the UE benefits you receive.
Good Luck