May a person sue the company they were terminated from an ask for reinstatement as well as back pay an funding the pension while terminated.

Asked on June 1, 2012 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the termination was illegal, the unlawfully terminated employer could sue for--

1) Reinstatement, or in the alternative, "front pay": pay for some period forward in lieu of actual reinstatement. It is sometimes easier--and more desirable--to get a cash award rather than reinstatement into a company that has acted illegally towards you and does not want you.

2) Pay for the period of time between the unlawful termination and the resolution  of the lawsuit (i.e. pay for the time unlawfully terminated)

3) Other benefits or contributions during that time, or their cash equivalent: e.g. pension contributions, the value or cost of health insurance, the value of any vacation days which would have accrued during that time, etc.

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