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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 89399
Experience:  20+ Years of Employment Law Experience
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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...]


Optional Information:
Country relating to Question: United States
State (if USA): Georgia
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you asked for reinstatement in your complaint and they offer reinstatement then the defendant will claim your refusal just to seek front pay is unreasonable because you asked for this as a remedy in your suit and if you did not want it as a remedy you should not have asked for reinstatement. Thus, the court could if you win a judgment and get reinstatement as part of the court judgment then the judge could make you pay some of their attorney's fees for turning down an offer for the same thing you won in a judgment.

The only way yo can reject the reinstatement is if the refuse back pay or if you can prove that circumstances have changed since you filed suit such that you would suffer retaliation if you were to return. In those case front pay could be back on the table for being awarded.

You cannot demand to have a good cause clause put into your settlement if you are an at will employee. You can negotiate a reasonable start date for your reinstatement, but it has to be reasonable such as 30-60 days and 6 months would be s bit unreasonable and most defendant employers will not agree to it, but you can always ask for anything in a settlement.

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Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 89399
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 7 other Employment Law Specialists are ready to help you

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