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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37060
Experience:  I provide employment and discrimination law advice in my own practice.
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in the likelihood that settlement will be reached prior to

Resolved Question:

in the likelihood that settlement will be reached prior to any anticipated trial......i asked for front pay and or reinstatement as part of damages in my complaint.....if def makes me offer for reinstatement; can i reject because of reasoning that is warranted, would that make me auto inelgible for front pay.......if they do offer reinstatement and i accept another position; can a clause be added that they would only terminate me for just cause.....also if i accept reinstatement if offered as part of a potential settlement, can i determine to be reinstated 6 months from date of offer? thanks...]
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, if the other party does not offer you everything you seek via your complaint, you still have the right to reject. You would be bound to accept if the other party agreed to settle and offer everything requested because then there is no longer any claim or issue to be resolved at trial. So if they offer reinstatement but not pay, you can reject as it is not a complete offer for your demands.

A clause can be added that would limit termination but it would not really be as protected as you like--an employer could still then pursue active grounds for 'fault' based termination. You can likewise negotiate when you would be reinstated, but the courts would likely consider 6 months to be unreasonable unless you are in a midst of a contractual obligation that you are currently unable to cancel.

Good luck.

Customer: replied 1 year ago.


in a at will to work state, doesnt the employer still need a legitimate to terminate employment


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Vanessa,

Thank you for your follow-up. No, he does not need a legitimate reason. In a will-to-work state an employer simply cannot discriminate and terminate based on forbidden factors such as age, gender, race, religion, creed, national origin, or disability if any. Otherwise and employer can terminate at any time and without good cause.

Good luck.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37060
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 10 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


hello, how soon after the motion for sj will the trial be over....settlements are likely...def have till 25th to rewrite motion according to order, after they submit...how many days for judge to rule,,,,,does the plaint have option to respond aagain, after 1st order was for plaint to rewrite response to def 1st sj motion,...question.....given the possibility of settlement before trial...given there may be a trial.....what is the usual time till case closed........ie...another 6 mos....till final?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Vanessa.

To be frank, I cannot in good conscience provide you with a reasonable estimate because literaly every case is different, every case may have different motions, delays, settlements, etc that would affect the outcome. I cannot tell you when trial would be over but typically employment cases last about from about 9 months to 2 years all told depending on how vigorously the defense fights and delays the proceedings. There is no time period of the judge to rule, it may take two weeks or a few months depending on his docket. Once ruled, if the SJ is dismissed, that specfic ground cannot be brought up again.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37060
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 10 other Employment Law Specialists are ready to help you

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