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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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I filed a wrongful termination case against my former

Customer Question

I filed a wrongful termination case against my former employer. It has been almost three years and they are now offering me conditional reinstatement. They offering me a job paying almost what I would've earned if the termination hadn't occurred in a lower title with full benefits but no back pay or reimbursement for economic losses during my unemployment. My current attorney is telling me that this a is reasonable offer because the judge may look at my job search and find that I wasn't diligent in my duties to mitigate. I have heard of and seen offers of unconditional reinstatement. My settlement offer specifically states that I would waive all rights to continue pursuing the case if I accept the offer. My lawyer feels the offer of a job with no back pay is reasonable.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: NJ
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I was in a union we had a collective bargaining agreement, but I believe NJ is an "at will" state.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that the school district I worked for claimed that this was a Reduction In Force (RIF) due to a budget crisis, but I signed a letter in the spring of the previous school year stating that I would be returning for the next year with my position and salary listed. This letter was also signed by the board president and the district business administrator. My lawyer says this is not recognized as a contract for employment. I also had tenure and seniority over other staff members who were not riffed.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Infolawyer replied 1 month ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  Infolawyer replied 1 month ago.

are you asking if the offer is reasonable?

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