Therefore, it is recommended that the complaint in this matter be sustained. A prevailing complainant is presumptively entitled to reinstatement. Therefore, Complainant should be reinstated to her former position, or to a position of equal status and responsibility. Her salary, benefits, and seniority should be the same as they would have been if she had never left Respondent's employ. In addition, Respondent should take whatever steps are necessary to ensure that Complainant's pension benefits are not affected by her unlawful discharge.
Complainant also is entitled to an award of backpay.
The period from the date of her discharge to the end of the public hearing was approximately 48.3 months. However, in keeping with Commission precedent, if Complainant has to pay back those benefits to the State of Illinois, Respondent should be required to reimburse her for the repaid amount. Furthermore, Complainant is currently unemployed. Complainant has had to wait for years to receive the compensation to which she is entitled. Prejudgment interest is necessary to make her whole, and such interest is recommended.