The relationship between an employer and an employee is a unique one. On the one hand and on a contractual level, it is an agreement to perform tasks in exchange for pay. However, on the other hand and from a more practical viewpoint, the employment relationship and the workplace environment are where most people spend the majority of their waking hours. It is only natural to form relationships with the people you work with. It is also just as natural for there to be hard feelings when an employment relationship is terminated. Sometimes, due to the legal considerations relating to a termination of an employment relationship, either employees or employers need to start a lawsuit relating to that breakdown in the employment relationship.
However, what happens when after your employment has been terminated, and even when a lawsuit has been started, an employer offers you your job back?
Why Would an Employer Want You Back?
There are a few reasons why an employer might want to rehire an employee that they once terminated.
The most obvious reason is that the terminated employee may have been much more vital to their business than the employer realized.
Another reason which is often leveraged in employment litigation, is that an employee in a wrongful termination lawsuit has an obligation to mitigate their losses by seeking appropriate alternative employment. This is known as the duty to mitigate. By offering a terminated employee their job back during a wrongful termination lawsuit, and employer can seek to lower the amount of severance compensation they have to pay by at least having the employee back in their employ and performing work for the compensation the employer would have had to pay them in any event, or try to argue that by refusing to accept their job back the employee has failed to mitigate their damages and any award to the employee should be reduced accordingly.
Considerations of Being Offered Your Job Back
Finding yourself in a situation where you’ve been fired from your job, only to later receive an offer to return, can be perplexing—especially if you are already involved in a lawsuit. This scenario raises several important considerations that can affect your career, your legal standing, and even your personal well-being. Some of the things you should consider are:
- Understand Your Legal Position
Before making any decisions, it’s crucial to have a clear understanding of your legal standing. If you’ve sued your employer, this means you believe you have a valid claim—whether for wrongful termination, discrimination, or another issue. Accepting your old position back could potentially impact your case. Consult with an experienced employment lawyer to assess how taking the job back might affect your lawsuit. They can provide legal advice that considers the specifics of your case.
- Carefully Evaluate the Offer
Take the time to evaluate the offer thoroughly. Consider the reasons for your initial firing and whether any of those issues have been addressed. Have the underlying issues that led to your dismissal been resolved? Will returning to this job impact your mental and emotional well-being? Do you feel comfortable working with your former colleagues and supervisors? Does the offer to return account for any financial losses suffered since and related to your termination? Does the offer recognize your prior service? Does it involve the same pay and benefits?
- Consider the Impact on Your Lawsuit
While returning to your job does not necessarily mean you have to abandon any existing lawsuit, it can have implications moving forward. Accepting reemployment may be viewed as a sign that you are no longer pursuing the claim seriously, which could weaken your case. Additionally, if you sign a release or settlement agreement, it might contain clauses that affect your ability to continue legal action. Always consult with an experienced employment lawyer before making any decisions that could compromise your lawsuit. - Negotiate Appropriate Terms
If you’re leaning toward accepting the offer, make sure you clearly document the negotiated terms of your reemployment and that they are appropriate in the circumstances. This could include clearly laying out your job responsibilities, compensation, working conditions, and expectations between you and your employer. Just because your working relationship broke down once does not mean it necessarily will again, but it is important to make sure any new employment contract adequately protects you in case it does.
Experienced Employment Lawyers
If you have received an offer to return to your old job after having your employment terminated, contact the experienced employment lawyers at Taylor & Blair LLP today for a consultation. We will be able to review the specific circumstances of your case and provide you with advice on the best path forward.