If you have made a discrimination claim against your employer after being terminated, you may receive an offer of reinstatement. A Bronx wrongful termination attorney can explain the ramifications of this job offer.
Do I Have to Take My Job Back if They Offer It to Me?
If you are in the midst of a discrimination claim against your boss, don’t be surprised if they offer you your job back. As your Bronx wrongful termination lawyer can tell you, these offers are create complications.
Are There Strings Attached?
Your Bronx wrongful termination attorney will review whether your boss’s offer is unconditional. Often, employers want you to sign a release waiving your discrimination claim before you come back. If so, you probably don’t have to accept. If the offer is truly unconditional, however, this could pose a problem if you reject it. Down the road, as your Bronx wrongful termination attorney will tell you, the court will want to make sure that you “mitigated” or minimized your damages (i.e., you didn’t sit around hoping to collect insurance money but actively looked for work).
Was It a “Bona Fide” Offer?
If so, you may have to accept a judge’s dismissal for failing to mitigate. As Bronx wrongful termination attorneys know, it can be tough to prove whether the offer is truly bona fide. You will need outside witnesses who can testify about the company’s motives.
Should I Accept Anyway?
Sometimes—your Bronx wrongful termination lawyer will explain that you may want to take the offer anyway. There is no guarantee that your judge will rule in your favor on the discrimination claim or arguments that the offer isn’t bona fide. Also, as Bronx wrongful termination attorneys know, many employers offer reinstatement as a “token” to discrimination claimants, hoping that they will reject it. If you take it, this could improve your settlement chances.
The bottom line is, discuss any reinstatement offers with your Bronx wrongful termination attorney before answering.
Contact a Bronx Wrongful Termination Lawyer
To speak to an experienced Bronx wrongful termination attorney, contact the Law Office of Delmas Costin, Jr. today at 718-618-0589.