If you’ve lost your job as a result of discrimination, harassment, or retaliation, you may want to consider getting the help of a skilled Orange County employment lawyer and filing a claim for discrimination. However, keep in mind that the employer may seek to restrict or cut off entirely the damages you can recover by offering to reinstate you in your old job.
If you receive such an offer, you and your Orange County employment lawyer should make some general considerations before you do anything.
Keep in mind that unless the offer is explicitly an “unconditional offer of reinstatement,” you are still entitled to receive economic damages if you prove your discrimination claim. An offer for reinstatement to employment is unconditional only if it is clearly unconditional, it’s made by the employer in good faith, and it’s to a position (with the terms and conditions of employment) that is either exactly the same or substantially equal to your former job.
Also consider this: your employer probably doesn’t really want you to accept this reinstatement offer. In fact, this is in all likelihood a ploy in order to cut off the amount of back pay and front pay damages (or government-mandated reinstatement) that the employer will have to pay you.
Even if the reinstatement offer is unconditional, you may still have options. According to the courts, you can reasonably reject an unconditional offer of reinstatement if: (1) the employer made the offer in bad faith; (2) you have a reasonable apprehension that if you return to work, you will be faced with hostility; or (3) you would suffer from severe physical or emotional distress if you returned to work.
If you’ve been discriminated against in the workplace, do not hesitate to contact dedicated Orange County employment lawyer Reed Aljian for a free evaluation of your case.