Do You Have to Repay Unemployment Benefits If You're Reinstated With Back Pay

[vairox]

My question involves insurance law for the state of: California

I looked around but didn't see anything regarding my issue. My question is this, I am/was a State employee of the state of California and my department issued me adverse action resulting in termination for alleged misconduct. I filed an unemployment claim and it was granted as my department could not show misconduct (they actually made a false assumption oops!). I am scheduled for hearing before the state personnel board which will almost certainly result in reinstatement with back pay and likely interest and was wondering if California is one of the states with subrogation statutes relating to paying back unemployment compensation upon back pay of salary? I can't seem to find the answer anywhere, and my case may be different as a state employee possibly? like some type of windfall or "gift of state funds" law or something since the state is the one that pays the unemployment AND has to back pay salary it would result in double dipping or something? thank you for your time.

[Mr. Knowitall]

In simple terms,

In those instances where the employer pays the discharged employee the entire amount of the back pay award the claimant is liable for the overpayment. If, however, the employer deducts from the back pay award the amount of unemployment insurance benefits received by the claimant, the claimant is not liable for the overpayment.

Lots of details can be read here under "back pay award".

[vairox]

Thank you for the reply! it appears I will have to upon reinstatement as it's counted as "wages", thank you very much.