Lawsuits and getting a new job while waiting

[Anonymous]

Can some of the lawyers enlighten me? We are being illegally fired. I have not been illegally fired yet myself but obviously no one knows what will happen. These firings appear illegal in most cases and therefore there are lawsuits. Those lawsuits take time. What do you do while waiting for the lawsuit to resolve? Is it a problem to get another job? If the lawsuit ends in you getting your job back and back pay, do you have to take the job in order to get the back pay?

[Anonymous]

Most people aren’t going to be able to afford to wait for outcomes before they get a job and outcomes are far from certain.

In some cases, loss mitigation is required And actual damages are dependent on income from other sources like wages and unemployment.

Also there are market consequences of being out of work for a long period of time. It’s really not overall a simple calculation.

If your question is predicated on needing to make decisions, then you really should talk to an attorney so you can properly weigh out potential benefits and consequences of all of your options.

Good luck. This is really a tough time for you and your federal coworkers.

[Anonymous]

It sounds like you will be awaiting a class-action type judgment (and not suing on your own). In that case, the compensation should go to anyone who is wronged in the process, regardless of whether they have found work. (I say likely because the result would be a negotiated settlement, and that could have any number of outcomes agreed to by the various parties but would likely apply to the class broadly.)

I agree with the PP. This could be a relatively short or a relatively long process. You shouldn't delay a decision to look for other employment based on the fact that there are lawsuits in the works. Make professional decisions on other bases, but there may or may not be some compensation later on if you're lucky.

It's possible that one of the outcomes of the lawsuit would be some manner of an offer to go back to the federal job. In that case, you would need to decide whether you wanted to accept that part of the offer.

[Anonymous]

Legally, you are expected to mitigate your losses. If you remain unemployed voluntarily, the defense will argue that your lost wages are your own fault, not theirs. Back pay is typically calculated as what you would have earned minus what you did earn (or could have earned).

My experience with the legal system was different, it involved a tort claim that resulted in a structured settlement annuity. The issue there was liquidity, not employment; the funds were locked in a 20-year schedule.

I had to execute a transfer of rights with Annuity Freedom to access the present value of those funds. In your case, securing new employment strengthens your position by showing you are a responsible party minimizing damages.

[Anonymous]

You need to talk to your lawyer. But in general you want to get a new job not wait for the courts.

[Anonymous]

Don't hold your breath assuming you're going to prevail on your claim of "illegal firing. Take affirmative steps to improve your position, starting right now while you're still employed. Look for more suitable employment and transition to it on your terms.

[Anonymous]

NP, but what if you have savings and don't mind being out of work, and you do send out resumes but you are picky about location, hours, etc? Is that considered enough mitigation? Like, if your job is flexible and remote and you won't consider an in person job? I feel like if you are found to have illegally been let go ( big if but suppose you're willing to risk it) you shouldn't be required to take a worse job than you had?

[Anonymous]

Anonymous wrote:NP, but what if you have savings and don't mind being out of work, and you do send out resumes but you are picky about location, hours, etc? Is that considered enough mitigation? Like, if your job is flexible and remote and you won't consider an in person job? I feel like if you are found to have illegally been let go ( big if but suppose you're willing to risk it) you shouldn't be required to take a worse job than you had?

Do your emergency funds last for 5 years?

[Anonymous]

Even if you won a lawsuit it's very rare for the remedy to involve you getting your job back. You need to get another job.

[Anonymous]

Anonymous wrote:

Anonymous wrote:NP, but what if you have savings and don't mind being out of work, and you do send out resumes but you are picky about location, hours, etc? Is that considered enough mitigation? Like, if your job is flexible and remote and you won't consider an in person job? I feel like if you are found to have illegally been let go ( big if but suppose you're willing to risk it) you shouldn't be required to take a worse job than you had?

Do your emergency funds last for 5 years?

The longer it takes the less picky people would be, but some families can live off one income.

[Anonymous]

Who is we, and most states are at will, are you a fed grasping

[Anonymous]

My sibling was laid off in one of those DOGE agency closures that has since been reversed. She still went and found another job.

[Anonymous]

Anonymous wrote:Can some of the lawyers enlighten me? We are being illegally fired. I have not been illegally fired yet myself but obviously no one knows what will happen. These firings appear illegal in most cases and therefore there are lawsuits. Those lawsuits take time. What do you do while waiting for the lawsuit to resolve? Is it a problem to get another job? If the lawsuit ends in you getting your job back and back pay, do you have to take the job in order to get the back pay?

Like it or not being part of a lawsuit for being illegally fired is a big turn off and risk for future employers. I would look for another job while still employed rather than wait to be so called illegally fired. You are not going to want to stay at a place trying to downsize their workforce regardless of illegal or not

[Anonymous]

Anonymous wrote:NP, but what if you have savings and don't mind being out of work, and you do send out resumes but you are picky about location, hours, etc? Is that considered enough mitigation? Like, if your job is flexible and remote and you won't consider an in person job? I feel like if you are found to have illegally been let go ( big if but suppose you're willing to risk it) you shouldn't be required to take a worse job than you had?

It's not unemployment (which also has monetary and time limits).

[Anonymous]

Anonymous wrote:My sibling was laid off in one of those DOGE agency closures that has since been reversed. She still went and found another job.

So she stayed at the new job or went back? Did she get backpay?