I am currently suing my former employer for retaliatory discharge for asserting my rights under the FLSA. I read that if if they make me an unconditional offer of employment that I have two options. I can accept it and go back to work or I can decline it and lose any additional back pay and front pay after the date the offer is made. As part of the unconditional offer, can they forbid me from talking about the case to my coworkers outside of work? If I am reinstated, I would like to inform my coworkers that their rights are also being violated under the FLSA. Can I inform my former employer of my intent at the time the offer is made in hopes that that they rescind the offer or would that be in bad faith?I should note this is a hypothetical what if situation. I have not received an offer of reinstatement yet.
It is probably viewed by the NLRB as illegal to be prohibited from speaking to your co-workers about the employer's violation. Also, settlement of a FLSA case usually requires court approval. Consult with a local employment law attorney.
The settlement of the FSLA case is done by the court and you need to hire an employment lawyer to bring this case to court. It is very important that you speak with an employment lawyer in Columbia, South Carolina and hire him/her to take this case on for you. It is not wise to inform your former employer at this time until you have obtained legal advice.
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