The May issue of our Section’s Labor & Employment Law Review will feature an article by Andrew Friedman and Taylor Markey titled “A Refresher on and Thoughts About Unconditional Offers of Reinstatement.” In that article, the authors consider the following questions, among others: What is a valid unconditional offer of reinstatement? What are the “special circumstances” justifying the rejection of such an offer? What are the consequences of an unjustified rejection? Who bears the burden of proof on the issues of whether an offer was “unconditional,” and whether the rejection of the offer was reasonable? Who determines whether the rejection of the offer was justified? Does California even recognize the unconditional offer of reinstatement doctrine?
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