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Reinstating Employment After Termination

An employee was recently terminated from her position over a matter that as since been cleared up. Now her employment has been reinstated. Does the employer have to give her the same job back, or can she be offered another position if her old position isn’t available?

The best practice in the HR field would be to return the employee to her original job. In fact, that is technically what reinstatement means — the employee is returned to the same job with the same seniority and beneifts, as if she had never left. The employer could certainly offer a different position, but the employee is under no obligation to take it. It appears that this employee may have a case for wrongful termination, if she is not returned to her original position. However, she would likely have to hire an attorney to press that claim.

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This entry was posted on Wednesday, August 6th, 2008 at 9:25 am and is filed under
Human Resources Management, Termination.
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