How to Approach a Reinstatement Offer
If you were offered reinstatement by your former employee, your Orange County business attorney will determine whether it is a bona fide unconditional offer, and will advise you as to whether to accept it even if it’s not bona fide.
Find Out if the Offer of Reinstatement Is Unconditional
When an employer offers to reinstate an employee, the employee's Orange County business attorney must make sure the offer is unconditional. If not, the attorney can safely reject the offer, which will not adversely affect the employee's case.
If the employee signs a conditional reinstatement offer, he or she will be required to sign a release, waive any claims against the employer, and agree to other conditions that protect the employer.
Is the Offer of Reinstatement Bona Fide?
If the reinstatement is found to be unconditional, the employee's Orange County business attorney will then determine that the offer is bona fide.
This can be complicated, because the attorney must uncover the employer’s ulterior motive behind the conditions. In order to do this, the attorney will look for witnesses who are familiar with the way in which the offer was developed and ask them why the employee decided to make such an offer.
If those witnesses agree to sign a declaration confirming the fact that the employer is only making the offer to deny damages and that he or she does not actually want the employee to accept the offer, the business attorney will probably urge the client to decline the offer because it is not bona fide.
However, there are at least two reasons for considering an unconditional offer of reinstatement that is not bona fide:
- Many federal judges (generally conservative and not sympathetic to either employees or employment discrimination/harassment cases) will be skeptical at the claims that an employer’s offer is not bona fide. They will consider only the reinstatement offer letter and ignore external evidence indicating that the offer is not bona fide.
- The employer does not wish to work with the employee and has made the offer hoping that the employee will reject it. In this case, accepting the reinstatement offer shifts the advantage to the employee in the settlement process, as the employer will be not only responsible for paying to resolve the claims, but also for paying additional money when the employee resigns.
Individuals considering a wrongful termination lawsuit will require an experienced Orange County business attorney to fight for their rights. For prompt legal representation, call the law offices of Daily Aljian, LLP at 949-861-2524 for a free initial consultation.