If an employer makes an unconditional offer of full reinstatement and the former employee rejects the offer, the rejection of the offer can bar a claim for front pay and toll the continuing accrual of back-pay liability. An offer of reinstatement is unconditional only where the fired employee is not required to compromise their claims as a prerequisite to returning to work.
About the author
Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.