14.61 ELEMENTS OF DEFENSE: EXCEPTION TO JOB RESTORATION (Employee would not have been Employed at Time of Reinstatement) is a legal defense that can be used when an employee is seeking job restoration or reinstatement. This defense provides that the employee would not have been employed at the time that they were seeking reinstatement, even if the employee had not been terminated. This defense is useful in cases where the employer has eliminated a position, has hired a different individual to fill the position, or has changed its hiring practices. There are two types of 14.61 Elements of Defense: Exception to Job Restoration: Exempt Employees and Non-Exempt Employees. Exempt Employees are those that are not subject to the same protections as non-exempt employees, such as minimum wage, overtime, and other labor laws. Non-Exempt Employees are those that are subject to the same protections as exempt employees and thus have greater job security.
14.61 ELEMENTS OF DEFENSE: EXCEPTION TO JOB RESTORATION (Employee would not have been Employed at Time of Reinstatement)
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