Terminating an employee is like scrambling an egg – it can be incredibly difficult to undo. In a perfectly smooth termination scenario you would present the employee with their exit package, they would take a few days to review (likely with their own lawyer), and then sign off on your offer as well as sign a release formalizing that the relationship is over and they will not pursue any legal claims. However, just as some employees will try to pull back on their resignation, some employers may have second thoughts about terminating an employee.
If your lawyer is negotiating an employee’s exit with that employee’s lawyer, and reinstatement is an option that you would consider, speak with your lawyer about your potential options. This is not always a workable scenario given the circumstances that can surround a termination, but there are cases where it has worked well. An employee is responsible for mitigating their losses, or finding new employment, and offering them employment could potentially reduce your severance obligations. Speak with your lawyer to see if it is a potential option and how it could feasibly work.
