Settlement

[Andy60]

What is the name of your state? OH

In a case of settlement after being terminated, can employee opt for reinstatement to the job, or is it always a monetary?

 

[Whoops2u]

A settlement is an agreement between the litigating parties. They can agree to what they want. The don't have to agree to things they don't want. Money is usually the easiest as everyone knows what that means. A promise to rehire can be many things and can include a firing the next day.

 

[cbg]

What is the name of your state? OH

In a case of settlement after being terminated, can employee opt for reinstatement to the job, or is it always a monetary?

That's entirely up to the terms of the settlement. The law does not take a position either way.

But why would you want to go back to work for a company that fired you?

 

[Andy60]

That's entirely up to the terms of the settlement. The law does not take a position either way.

But why would you want to go back to work for a company that fired you?

Good question, thank you for your replies. How about time invested into good diligent performance, why should a person start over for another company in a new position?
Does reinstatement not happen frequently?

 

[eerelations]

Does reinstatement not happen frequently?

No, it probably doesn't happen frequently. As the employer's representative, I have been personally involved in dozens of settlement situations, and have read about hundreds. I've only seen a couple of reinstatements, and they were both union jobs.

You are legally free to ask if the settlement can take the form of reinstatement, and your former employer is legally free to decline. Your former employer is also legally free to withdraw the original settlement offer.

 

[HRZ]

Absent a union or civil service position with restored seniority etc I suspect cash in pocket is easier and safer for you as employee