Los Angeles Employment Reinstatement Offers Lawyer
Few employers and employees can work well together after an employee has been fired and filed a charge or lawsuit alleging discrimination, harassment, or retaliation. However, some employers will often make a reinstatement offer to a discontented former employee. This is often only done in an effort to try and limit the damages that the person can allege in his or her legal action. It’s at a confusing time like this that a Los Angeles employment lawyer can greatly help an upset former employee try and decide how best to move forward.
What a Former Employee Must Consider
Your attorney will explain to you that you must first determine if the offer is actually an “unconditional offer of reinstatement.” If it is not a proper one, it cannot be used to limit the damages you are seeking. You must carefully discuss this type of offer with a lawyer so you can decide your next move.
How Can You Recognize an Unconditional Offer of Reinstatement?
•· Does the offer provide you with employment terms and conditions that are either identical or substantially similar to what you had during your former employment?
•· Is the offer truly unconditional?
•· Can you clearly document in some way that the offer was made in good faith?
When Is It Safe to Turn Down an Unconditional Offer of Reinstatement?
Past court cases have provided some clues as to when it’s in the plaintiff’s best interest to turn down a reinstatement offer. Some sample situations can include:
•· Times when it’s very clear that an offer has been made in bad faith;
•· When a plaintiff will likely face extreme physical and emotional harassment or burdens upon returning to the workplace after accepting the reinstatement offer; and
•· When a plaintiff has strong reasons to believe that if she returns to the workplace, she’ll be met with many other, unseen negative repercussions.
If you’re not currently represented by counsel, please fill out the form on this page for a free case evaluation by Los Angeles employment lawyer Gregg Farley