May a person sue the company they were terminated from an ask for reinstatement as well as back pay an funding the pension while terminated.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
May a person sue the company they were terminated from an ask for reinstatement as well as back pay an funding the pension while terminated.
Asked on June 1, 2012 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the termination was illegal, the unlawfully terminated employer could sue for--
1) Reinstatement, or in the alternative, "front pay": pay for some period forward in lieu of actual reinstatement. It is sometimes easier--and more desirable--to get a cash award rather than reinstatement into a company that has acted illegally towards you and does not want you.
2) Pay for the period of time between the unlawful termination and the resolution of the lawsuit (i.e. pay for the time unlawfully terminated)
3) Other benefits or contributions during that time, or their cash equivalent: e.g. pension contributions, the value or cost of health insurance, the value of any vacation days which would have accrued during that time, etc.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.