Wrongful termination damages are designed to compensate the employee for the harm caused by the unlawful firing. Our award-winning wrongful termination attorney in Los Angeles is here to help walk you through your legal options. These damages typically fall into the following categories:
Types of Damages in Wrongful Termination Cases
Employees who successfully prove wrongful termination in California may be entitled to recover several types of damages. These can be broadly categorized into economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages are intended to compensate the employee for financial losses resulting from their termination. These damages are often straightforward to calculate and may include:
- Lost Wages and Benefits: Employees can recover front and back pay, which is the income they would have earned had they not been terminated, including wages, bonuses, commissions, and benefits such as health insurance, retirement contributions, and stock options.
- Job Search Expenses: Employees can claim expenses incurred while seeking new employment, such as costs for resume preparation, job search platforms, transportation, or relocation.
- Out-of-Pocket Costs: If the termination resulted in the loss of health insurance, employees can recover medical expenses they had to pay out of pocket.
Non-Economic Damages
Non-economic damages compensate for the emotional and psychological harm caused by wrongful termination. These damages are less tangible than economic damages but can be significant, especially in cases involving egregious employer misconduct. Examples include:
- Emotional Distress: Wrongful termination often causes stress, anxiety, depression, and other emotional difficulties. Employees can recover damages for the mental anguish they experienced as a result of losing their job unfairly.
- Damage to Reputation: Employees may suffer harm to their professional reputation if their termination was publicized or based on false allegations, making it harder to secure future employment.
- Loss of Enjoyment of Life: If wrongful termination disrupts an employee’s life in ways that impact their overall well-being, they may claim damages for the diminished quality of life.
Punitive Damages
In cases where the employer’s conduct was particularly egregious or malicious, the court may award punitive damages to punish the employer and deter similar behavior in the future.
- Criteria for Punitive Damages: Punitive damages are typically awarded in cases involving intentional discrimination, retaliation, or harassment. The employee must demonstrate that the employer acted with malice, oppression, or fraud. A harassment attorney in Los Angeles can help you fight your case and recover damages.
- Limits on Punitive Damages: While punitive damages can be substantial, they are subject to constitutional limits and must be proportional to the actual harm suffered by the employee.
1. Lost Wages (Back Pay)
Back pay includes the wages, salary, commissions, and bonuses you would have earned from the date of termination to the date of settlement or judgment. It may also include the value of lost benefits, such as health insurance, stock options, or retirement contributions. Courts aim to restore the employee to the financial position they would have been in had the termination not occurred.
2. Front Pay
If reinstatement is not possible due to strained relationships or a toxic workplace environment, courts may award front pay. This compensates you for the wages and benefits you would have earned in the future if the wrongful termination had not occurred. The length of time front pay is awarded varies based on your age, position, and how long it may take to find comparable employment.
3. Emotional Distress Damages
Wrongful termination can take a serious emotional toll. California courts may award compensation for mental anguish, anxiety, humiliation, and loss of reputation caused by the unlawful firing. These non-economic damages are often subjective but can significantly increase the value of your claim, especially in cases involving discrimination or harassment. Call our proven harassment lawyer in Los Angeles to discuss your case for free today.
4. Punitive Damages
Punitive damages are intended to punish the employer for egregious or malicious conduct and deter future violations. These are not available in every case but may be awarded if the employer acted with fraud, oppression, or malice—such as firing an employee to cover up illegal practices or retaliating for reporting workplace violations.
5. Attorney’s Fees and Legal Costs
In many wrongful termination cases, especially those based on discrimination or retaliation under the California Fair Employment and Housing Act (FEHA), successful employees can recover reasonable attorney’s fees and court costs. This makes it easier for wronged employees to pursue justice without worrying about upfront legal expenses. Our Los Angeles retaliation lawyer is here to help.
Maximizing Damages with Legal Help
Hiring an experienced employment attorney in Los Angeles is one of the most effective ways to maximize compensation in a wrongful termination case. While you may have a strong claim, proving your damages and navigating the legal process without professional guidance can be challenging. An attorney brings the knowledge, resources, and strategy needed to secure the best possible outcome. Here is how they can help:
Build a Strong, Evidence-Based Case
Your attorney will gather critical evidence—such as employment records, performance reviews, emails, witness statements, and documentation of emotional distress—to build a compelling narrative that proves your termination was unlawful and caused real harm.
Accurately Calculate All Available Damages
Attorneys understand how to quantify both economic and non-economic damages. They will ensure you pursue all compensable losses.
Handle Agency Filings and Legal Procedures
Your lawyer can file complaints with the California Civil Rights Department (CRD) or EEOC, and ensure all deadlines and legal procedures are followed. Missing even one deadline could limit or eliminate your right to recover compensation.
Negotiate from a Position of Strength
Employers and their skilled Los Angeles discrimination attorneys often push for quick, low-value settlements. Your lawyer will negotiate aggressively on your behalf, using their experience to secure a fair and full settlement—or take your case to trial if necessary.