Workers who have been wrongfully terminated may be able to get their job back by way of legal action. If a actor can prove that the discharge was illegal, the court may order the employer to reinstate the worker, in addition to compensating him or her for lost wages. Employers may besides offer the job back to settle the claim .
Will filing a wrongful termination claim help me get my job back?
Filing a wrongful termination lawsuit can help a worker get his or her job back. however, it is only a guarantee result of a successful lawsuit in a small set of cases. In some instances, the employer may offer the worker his or her job back in order to settle the lawsuit. In some other cases, the woo may order the employer to reinstate the worker to his or her old job .
Workers can be wrongfully terminated if they are laid off or their employer fires them for an illegal rationality. Some illegitimate reasons for a discharge or layoff include :
- retaliation for filing a workers’ compensation claim,
- employment discrimination against a worker for belonging to a protected class, like those based on the worker’s:
- sexual orientation,
- gender,
- national origin,
- race,
- genetic information, or
- age;
- discharges that amount to a breach of contract or a violation of the employment contract, or
- violations of public policy, like firing someone because they:
- refused to break the law,
- performed a legal obligation,
- exercised a legal right or privilege, or
- reported a potential violation of labor law or a hostile work environment by coworkers.
even if the worker is in an employment relationship that makes them an at-will employee, they placid have legal rights against these discharges .
Workers who have been illegally discharged can try to get their speculate back by :
- asking for it back, or
- filing a wrongful termination claim against their employer.
broadly, employers constantly deny that a particular termination was unlawful. Until raise differently, they will think that there was cause to discharge the employee. This frequently means that plainly asking for their subcontract second will get wrongfully fire workers nowhere .
By filing a wrongful termination title, workers can begin to accumulate the evidence necessary to show their erstwhile employer that the termination was, indeed, unlawful. This can pressure the employer into settling the case. sometimes, employers will try to settle the claim by offering the worker his or her occupation back. This can happen during the administrative hearing action with the equal Employment Opportunity Commission ( EEOC ) or during a preliminary listening in court .
More often, though, employers will not include reinstatement as a separate of a colony offer. If the wrongful ending claim goes to trial and the worker wins, the court may choose to ordain the employer to give the worker his or her job back .
If reinstatement is a priority, establishing an attorney-client relationship with an employment lawyer can increase the odds that you get your job back .
When is reinstatement required by law?
There are a few circumstances where reinstatement is required by law after a wrongful result .
Under federal law, unlawful terminations that violate the Family and Medical Leave Act (FMLA) require reinstatement of the afflict proletarian. The FMLA applies to all government or public agencies, including public schools, a well as to all companies that have 50 or more employees. The Act gives covered employees up to 12 weeks of amateur time off per year to care for a pale class member. Employers have to continue to provide the worker ’ s healthcare and have to hold the job open for their return. Employers who violate the FMLA by terminating a worker who is exercising his or her right to FMLA leave are frequently forced to reinstate the actor .
Some state laws may besides mandate reinstatement for certain illegal terminations .
In California, for example, the California Family Rights Act mandates reinstatement after a wrongful result. This Act mirrors the federal FMLA in many respects. however, the California police is broader by providing problem protections for :
- sick leave,
- family illness,
- childbirth,
- adoption, and
- foster care arrangements.
additionally, a new employment police in California lets workers who have been wrongfully terminated out of retaliation and in misdemeanor of the California Labor Code obtain a woo order to let the proletarian return to the workplace while the lawsuit is pending. This law went into effect on January 1, 2018.
Victims in the California labor force out should powerfully consider hiring a California unlawful end point lawyer to invoke their employee rights .
How often is reinstatement ordered?
Courts tend not to order reinstatement after determining that a worker was wrongfully terminated and reinstatement is not required by law .
This is because courts are mindful that ordering the losing party in a lawsuit to perform specific duties, such as rehiring a worker, has a history of ending ill. Employers do not like being forced to do something, and may act begrudgingly or in bad faith. They may treat the proletarian improperly or make it clear that the worker is not welcome after suing the caller. Workers who wanted to be reinstated because they loved their job may find that it is no longer bearable because of the new negative attitude towards them .
For these reasons, courts are more likely to award other benefits, such as back pay, than they are to order the employer to reinstate the worker. however, if reinstatement is the worker ’ mho goal, a wrongful ending lawyer can work to try to make it happen .
Does it matter if I was a whistleblower or was harassed?
It can. The reason for the worker ’ randomness wrongful discharge can alter the odds of their being reinstated to their old situation .
For exemplar, terminations that violate the federal FMLA or certain state laws can require reinstatement .
however, other wrongful terminations may make it more or less likely that reinstatement will be offered to settle a lawsuit or be ordered by a court .
Whistleblower lawsuits are highly improbable to lead to reinstatement. Employers often see whistleblowers as likely risks who are willing to harm the company. They are probably not going to offer reinstatement to settle the case. Courts may tied be worried that whistleblowers would be in danger if they were reinstated to their old position .
wrongful terminations after british pound pro quo sexual harassment incidents, however, are likely more probable to lead to reinstatement. As attest comes out that a supervisory program used his or her status with the employer to extract sexual favors from subordinates, the employer may choose to fire the harasser and offer the victim his or her job back in ordain to settle the case .
What other damages can I recover?
Workers who succeed in a wrongful end point lawsuit can besides recover recompense for their :
- lost wages and benefits,
- back pay,
- emotional distress and suffering, and
- attorney’s fees.
additionally, in rare cases where the employer behaved very badly, punitive damages may be awarded to punish the employer for its conduct.
however, victims who do not get reinstated will still have to find a new job .
Getting the legal advice of an employment lawyer from a reputable law firm is frequently the best way to secure a good result in a unlawful result shell .
About the Author
Neil Shouse
A former Los Angeles prosecutor, lawyer Neil Shouse graduated with honors from UC Berkeley and Harvard Law School ( and completed extra graduate studies at MIT ). He has been featured on CNN, Good Morning America, Dr Phil, Court television receiver, The Today Show and Court television receiver. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys .
