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What employees should do after prevailing against an employer

Depending on who you root for, the kickoff game of the 2015 NFL season had more drama after the game than a WWE championship match. The drama of whether the New England Patriots had anything to do with interrupting communications between the Pittsburgh Steelers coaching staff is enough to keep fans questioning the reigning champs until the next Super Bowl.

Even with this new storyline, it dwarfs the magnitude of Tom Brady’s suspension being nullified by a federal judge. Essentially, the court found that Brady did not have the requisite notice that not participating in the NFL’s investigation in “Deflate-gate” could subject him to a four-game suspension. Indeed, the legal reasoning may have fans confused because of how long the process took and the possible reality that Brady knew that the footballs were under the PSI required under NFL rules, but the impact was clear. The NFL Players Union had beaten the NFL again in court. 

In employment law litigation, employees can, and do win against employers. But once an employee prevails while still working in the organization, what should an employee do? More importantly, when an employee scores a victory against an employer, should he or she go back to work?

Chances are that the employer/employee relationship is frayed due to litigation, it is not appropriate for the employee to return to his or her position. But in the event the employee is reinstated to their former position, it is critical to ensure that no retaliation takes place. An experienced employment law attorney can provide some guidance and advice to employees who face these challenges. 

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