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I was wrongfully terminated and have been collecting unemployment while the union was fighting for my job back. The company is reinstating me and with back pay but they want too know how much unemployment I received so they can deduct it from it. Is this right? If any unemployment needs to be paid back shouldn’t it be to unemployment office not to the employer?
Asked on February 25, 2018 under Employment Labor Law, Washington
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
You are correct: since the employer did not pay you the unemployment, they have no right to a credit or set off for the unemployment you received. They owe you your full back wages if they are effectively reinstating you retroactively; if there was any overpayment or incorrect payment of unemploymet, you will repay that to the unemployment office.