Sarbanes-Oxley retaliation claim Vs violation of Public policy and reinstatement?

If you believe you have a claim on Sarbanes-Oxley retaliation claim and violation of Public policy for wrongful termination by a publicly traded company, is asking for reinstatement is advisable? Company had made a lot of changes to comply since the wrongful termination and therefore it is not a hostile environment to return to work. Apparently an employer will be ordered to reinstate under SOX? Does violation of Public policy allows for reinstatement?

Long Beach, CA -

Attorney Answers (3)

Neil Pedersen

Neil Pedersen

Employment / Labor Attorney - Irvine, CA
Answered

If you believe returning to the workplace is a good decision for you, then that should be the decision you make. A lawsuit under S-O would get you reinstatement and limited financial compensation. A lawsuit for wrongful termination in violation of public policy can only give you a verdict for damages unless you can negotiate reinstatement as a settlement term prior to judgment.

I have always counseled that most of the time a job is far superior to a lawsuit, which should be a last resort option.

Good luck to you.

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David Andrew Mallen

David Andrew Mallen

Employment / Labor Attorney - El Segundo, CA
Answered

That is a great question and a great strategic idea. If you were to write a complimentary letter about the positive workplace reforms recently implemented since you were fired, maybe an enlightened management team would consider taking you back.

The letter shows that you are acting as a reasonable, responsible person willing to forgive. I am also wondering, for litigation purposes, whether this letter might make a nice piece of evidence. If the employer refused to take you back, the question is why?

In my 21 years of experience in representing employers and employees, very few employers want to take back an employee who has previously filed claims, so do not take it personally if the answer is not.

You may want to consider the idea of proposing mediation to see if these reinstatement issues can be worked out together, with the help of a neutral.

Again, great question and good luck.

David Mallen

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Marilynn Mika Spencer

Marilynn Mika Spencer

Employment / Labor Attorney - San Diego, CA
Answered

Returning to work can be an excellent solution or it can end in disaster. Without knowing details of the workplace and reasons you are no longer there, it is hard to comment. Were the changes the employer made relevant to the reason you were terminated? Are the management and HR personnel involved in your termination or line of supervision still there? Would you be supplanting another employee? Are there safeguards available to prevent or minimize retaliation? How strong is your chance of success in litigation? Do you have an attorney? What court are you in?

All of these are considerations. You might wish to spend a few hours with an employment attorney to discuss pros and cons, strategy, and how to best protect yourself should you negotiate a satisfactory return to work agreement. For this type of assistance, you can expect to pay hourly. Plaintiffs employment attorneys in California charge anywhere from $250 to $750 an hour depending on many factors including experience, area of law, geographic location, work load, interest in the case, difficulty of the case and more. You should expect to need at least three hours for this kind of consultation.

To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.

I hope you can resolve your situation and wish you the best.

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