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Reducing Damages Exposure

By Bill Wortel

This article discusses the underutilized litigation strategy of extending an unconditional offer of reinstatement to a former employee-plaintiff who has filed (or has threatened to file) suit challenging his or her termination from employment. Specifically, this article explains how the rejection of an unconditional offer of reinstatement impacts damages, the pros and cons of extending an unconditional offer of reinstatement, and best practices concerning the content and form of the offer.

How the Rejection of an Unconditional Offer of Reinstatement Impacts
Damages

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