In California, employees who have been unlawfully terminated have the right to seek compensation through a wrongful termination lawsuit. These damages aim to make the employee whole by compensating for financial losses, emotional distress, and in some cases, punishing the employer for egregious misconduct. If you believe you’ve been wrongfully terminated, speak to our Los Angeles wrongful termination lawyers at Yadegar, Minoofar, & Soleymani LLP for a free consultation today.
How Damages Are Calculated
Damages in wrongful termination cases are calculated based on evidence presented by the employee. The following factors often come into play:
Back Pay
Back pay is calculated from the date of termination to the date of the trial or settlement.
Front Pay
Courts estimate how long it would take for the employee to find comparable employment and award damages for that period. This is known as front pay.
Emotional Distress
Non-economic damages for emotional distress are more subjective and often based on testimony from the employee, mental health professionals, or other witnesses. Courts consider the severity and duration of the emotional harm when determining the award.
Mitigation of Damages
Employees have a legal duty to mitigate their damages by seeking comparable employment. If an employee fails to make reasonable efforts to find a new job, their damages for lost wages may be reduced.
Punitive Damages
Punitive damages are calculated based on the employer’s financial condition and the severity of their misconduct. Courts aim to ensure the award is significant enough to deter future violations without being excessive.
Other Remedies in Wrongful Termination Cases
In addition to financial damages, employees may be entitled to other remedies, including:
Reinstatement
In some cases, the court may order the employer to reinstate the wrongfully terminated employee to their previous position.
Injunctive Relief
Courts may issue orders requiring the employer to change unlawful workplace policies or practices.
Attorney’s Fees and Costs
Many wrongful termination claims allow the prevailing employee to recover attorney’s fees and court costs, reducing the financial burden of pursuing legal action.
Factors That Influence Damages
The amount of damages an employee can recover depends on several factors, including:
The Severity of the Employer’s Conduct
Cases involving intentional discrimination, harassment, or retaliation often result in higher damages, especially if punitive damages are awarded.
The Employee’s Economic Losses
Employees with higher salaries or extensive benefits packages may recover more in economic damages.
The Availability of Comparable Jobs
If the employee has difficulty finding a new job due to their termination, they may be entitled to higher front pay.
The Strength of the Evidence
Strong evidence, such as documentation of discriminatory comments or retaliation, increases the likelihood of a successful claim and higher damages.
How a Los Angeles Wrongful Termination Attorney Can Help
A wrongful termination can disrupt your life, affecting your finances, career, and emotional well-being. An experienced Los Angeles wrongful termination attorney can help you secure maximum compensation. Here are the key ways they can help.
Assessing Your Case
A lawyer will identify unlawful reasons for your termination and evaluate all potential claims.
Calculating Damages
They ensure no losses are overlooked, and will accurately estimate the value of your claim so you do not settle for less.
Gathering Evidence
Lawyers collect essential documentation, such as performance reviews, emails, and witness testimony, to support your claim and prove employer misconduct.
Negotiation and Litigation
Wrongful termination lawyers negotiate with your employer to secure a fair settlement, ensuring compensation reflects all economic and non-economic damages. If the settlement fails, they represent you in court, presenting a strong case to maximize your compensation, including potential jury awards for emotional distress or punitive damages.
Pursuing Punitive Damages
In cases involving egregious behavior, an attorney can argue for punitive damages, which can significantly increase the value of your claim.
Protecting You
An attorney safeguards you from employer tactics, such as lowball settlements or retaliation, and ensures procedural requirements, like filing deadlines, are met. With a Los Angeles workplace retaliation lawyer’s guidance, it ensures your rights are protected, and your case is presented in the strongest possible way.
Speak to a Wrongful Termination Attorney in Los Angeles, CA Today
If you believe you were wrongfully terminated, consulting an experienced employment attorney is essential to maximize your compensation and hold your employer accountable. Call (310) 499-0140 or message us online to arrange a free consultation today.