If you are embroiled in a lawsuit against your employer, a Ft. Lauderdale employment law firm might discuss the potential of you receiving a reinstatement offer. The Ft. Lauderdale employment law firm might discuss the legal implications if you reject such an offer.
Reinstatement Offers and Their Impact
A Ft. Lauderdale employment law firm may explain that a rejection of reinstatement can have certain legal implications if the former employee did not reasonably reject the offer. However, if the rejection was reasonable, the employee would still be entitled to recover the same amount of damages if his claim is meritorious as he would if there had been no offer.
Burden of Proof
A Ft. Lauderdale employment law firm might also discuss the burden of proof, which means who has to prove their side of the story. An employer has the burden of showing that the employee failed to mitigate damages.
Consequences of Rejection
A Ft. Lauderdale employment law firm may discuss the potential consequences of rejecting an offer. Unless there are certain special circumstances, an employee might not be able to recover some of the damages that he or she would otherwise be eligible to receive. A Ft. Lauderdale employment law attorney can explain that the former employee can be cut off from receiving those economic damages that accrued after the offer. Additionally, the employee cannot request reinstatement as a potential remedy in his or her claim.
If you would like more information about how to handle a reinstatement offer, contact Mark J. Berkowitz P.A., a Ft. Lauderdale employment law attorney, at (954) 527-0570.