In a clever move, Bexar Metropolitan Water District has offered Gilbert Herrera, a whistleblower, his old job back. See San Antonio Express News report. Bexar Met has also deposited the amount of Mr. Herrera’s lost pay into the registry of the court. Yet, the lawsuit will proceed.
See my prior post about Mr. Herrera and his whistleblower claims. I said then that his lawsuit looked like a strong lawsuit.
The news paper report does not identify the specific legal manueverings. But, in offering the whistle blower his job back, Bexar Met is attempting to cut off his lost pay. The employee’s lawyer, Alex Katzman, says that the offer will subject Mr. Herrera to working for the same boss who fired him. If so, then the offer may be found to be insincere. If the offer is not genuine, then back pay will not stop. So, you can see the chess game being played out. One side can stop lost pay if they make a genuine offer of reinstatement. The other side then counters that working for the manager who fired him is not a genuine offer.
Its all about the chess game…..