If my termination was successfully appealed and I was reinstated, can I seek backpay or the unemployment I was denied?

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If my termination was successfully appealed and I was reinstated, can I seek backpay or the unemployment I was denied?

I appealed termination based on company ignoring own procedures and precedent. I won and was reinstated but it took 2 months. Since it is agreed that the termination was improper, can I seek back pay for the time I was not allowed to work? Or can I seek the unemployment I was denied since it is determined that the termination was wrong and therefore not my fault? Also, I was brought back at a higher status, which also speaks to the errors made in the termination.

Asked on April 20, 2012 under Employment Labor Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If it was determined that your termination was improper and your job was reinstated, you can seek the unemployment benefits that you were denied from EDD or in the alternative seek the pay that you did not receive from your employer. Your choice.

I suggest seeking the pay that you did not make from your employer while you were unemployed. It is unfair for you to have been willing to work but be denied the pay that you would have made had your termination not been wrongful.


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