Offer of reinstatement

[stacy3008]

What is the name of your state?
I am a resident of Pennsylvania. I filed a civil suit against my employer in August 2005, for violation of FMLA, FLSA and retaliation. Basically, I was terminated while on FMLA and under doctors care. My employer came back with an offer of reinstatement on a Friday afternoon, however I had to report for work no later than the following Monday morning. I was already working at a new job and found this offer to be unreasonable. My attorney advised me that I no longer have a case if I refuse the offer? IS this true? Also, my doctor advised me not to take the offer of reinstatement, due to the fact they caused me great emotional distress by firing me and cancelling my health benefits when they knew I was in need of medical treatment. Now I have $$$$$ worth of unpaid medical bills.

 

[pattytx]

Well, you are paying your attorney for his/her advice, so you can either take it or not. Does your attorney know what your doctor said? Although, I would not take legal advice from a physician.

 

[stacy3008]

I am not sure what you are saying. Should I drop the case? Do I still have a case if I reject the offer? Why should I destroy the evidence that I tried?
I have read some case law and people have rejected 2-3 offer of reinstatement and still had a suit???? HELP!

 

[pattytx]

What I'm saying is that no one here could possibly know enough of the details about your case to say.

 

[stacy3008]

I was on FMLA until September 5 of this year. It was approved and all the proper paperwork was in order both from me, my doctor and my HR department. On August 12, I received a large box of my peronal belongings, the next day I received a certified letter that I was terminated due to my "inabililty to return to work". My FMLA forms clearly stated I was not to return until Spetmeber 5. I called HR several times and received no return phone call. I went to an attorney. He stated I have a HUGE case, FMLA, FLSA and retaliation, sue to teh fact that on August 3 I sent a letter questioning my pay from July and the FLSA. They began paying me for a 32 hour work week vs. my normal salaried 40 hours. I worked well over 40 hours every week and never received overtime. but if I don't work 40 hours (8 - 5)they took a vacation day and 8 hours of pay a week. I was taking Wednesdays off for various health reasons (my doctor insists I was over stressed due to my job, I conveyed this message to my employer in Nov 2004, they promised to hire someone else, but did not have the money right now, over the next several months, I begged for relief. Nothing ever happens, but some rings), but working my 40+ hours on other days. I beleive I was fired for asking a question?????

Low and behold after they received the law suit, they offer me an unconditional offer of reinstatement with one day to report to work. I found this to be unreasonable. My attorney said if I don't accept the offer, I have no case?

There is much more to it, but basically, this is it in a nutshell....does this help. I am really hoping to get some understanding of all this. Thanks for your time.
Stacy

 

[Beth3]

Also, my doctor advised me not to take the offer of reinstatement, due to the fact they caused me great emotional distress by firing me and cancelling my health benefits when they knew I was in need of medical treatment. Where did your doctor get his law degree???? He may be a medical expert but I sure wouldn't be taking any legal advice from him.

Stacy, you have an attorney. He is the legal expert who is most familiar with your claim and is in the very best position to advise you.