When you initiate a wrongful termination, discrimination or harassment lawsuit, it is common practice for your employer to offer to reinstate you. Although it may be a tempting offer, there are often many conditions attached, or the offer may not even be bona fide. You should not make any decisions until you have consulted with your Irvine business attorney.
Is the Reinstatement Offer Bona Fide?
The first step you and your Irvine business attorney should make is to determine whether the offer is real or merely a tool in misleading you to abandon your lawsuit. If the reinstatement offer is not bona fide and you accept it, it will cut off your economic damages and will render your suit pointless.
Is the Offer Comparable to Your Previous Offer?
If your Irvine business attorney determines that the offer is bona fide and real, he should look to see whether it is unconditional. In other words, you will need to see how the offer compares to your previous terms of employment. If the terms are vague, your attorney should request the company to provide more details.
In some situations, it is common for companies to simply create a mock position to throw you off your litigation course. In such cases, these positions disappear just as readily as they appeared.
In addition, if your employment claim is based on discrimination or harassment, your Irvine business attorney should first make sure the employer is taking necessary measures that you will not be faced with similar circumstances that lead to the suit in the first place.
For more information about whether to accept or reject a reinstatement offer, call Daily Aljian LLP at (949) 861-2524 to schedule a consultation with Irvine business attorney Reed Aljian or Justin Daily.