Our Irvine employment lawyer receives various questions about unconditional reinstatement offers and if a client should accept or reject the offer. The employer generally makes these offers in order to mitigate their losses and to possibly deter you from proceeding with a lawsuit.
An unconditional offer of reinstatement means that the employee will be reinstated to the same position or an equal position. No conditions are attached to the offer, and it is made in good faith.
Valid Reasons for Rejecting an Unconditional Offer of Reinstatement
You have the right to reject an offer if:
- It was made in bad faith.
- The plaintiff would be subject to serious physical or emotional stress by going back to work.
- The plaintiff thinks they will be subject to a hostile environment when they go back to work.
If you have a solid reason for rejecting an unconditional offer of reinstatement, you will not suffer any negative repercussions. You will still be able to recover any damages related to the claim just as if you had never received the offer. The law places the burden of proof upon the employer to show the reasonableness of the unconditional offer of reinstatement.
Our employment attorney can discuss the benefits and disadvantages of accepting an offer with you to determine which option is in your best interests.
Unreasonable Rejection of an Unconditional Offer of Reinstatement
If your rejection of the unconditional offer of reinstatement is determined to be unreasonable aside from special circumstances, you will not receive any financial payments. In addition, you will probably not be able to pursue reinstatement to your previous employment.
The Employer’s Motivation
Keep in mind that the employer does not really want you to return to work. The business is likely using this tactic as a strategic legal maneuver so that they will not have to pay you for either back earnings or future lost wages in the case.
Contact Our Irvine Employment Attorney
The legal professionals at Daily Aljian LLP can answer your questions regarding employment issues. Our Irvine employment lawyer can review an unconditional reinstatement offer and how an offer could affect your case.