An Orange County employment law attorney can explain consequences for reasonably rejecting an employer’s unconditional offer of reinstatement. If you, as a plaintiff, reasonably reject your employer’s unconditional offer of reinstatement, you should experience no negative consequences. A plaintiff has a legal right to recover all of the damages that you would have been able to recover, regardless of your employer’s the offer.
An Orange County Employment Law Lawyer Discusses Burden of Proof
Which side must prove that my rejection of my employer’s unconditional offer of reinstatement was reasonable?
Under the law, your employer has the burden of proving that you did not mitigate your damages by refusing to accept a reasonable unconditional offer of reinstatement. Your Orange County employment law attorney will do his best to make sure that your employer abides by this burden of proof.
An Orange County Employment Law Attorney Discusses Special Circumstances
Are there consequences for unreasonably rejecting an unconditional offer of reinstatement when there were special circumstances to justify the refusal?
If you unreasonably reject an unconditional offer of reinstatement and you have no special circumstances for rejecting the offer, you will forfeit your right to recover economic damages that you otherwise would have had following the offer, as an Orange County employment law attorney can explain to you. In addition to forfeiting your right to economic damages that you would have had absent your employer’s unconditional offer of reinstatement, you are also barred from seeking reinstatement at your former position as a remedy.
Contact an Orange County Employment Law Lawyer
For more information about rejecting an unconditional reinstatement offer, contact an Orange County employment law attorney at Daily Aljian, LLP at 949-861-2524.