If you are interested in suing a former employer for wrongful termination, there a few things you should know about this specific type of employment lawsuit. In wrongful termination cases, you are asking the jury to award you money, which is known as awarding damages. Usually these damages are monetary, and they are usually the only solution available in a wrongful termination suit. The purpose, however, of monetary damages is to compensate you for what you lost because of your employer’s “wrongful” actions. In this type of case, you will have to prove that you suffered losses because of the employer’s actions and the amount of those losses.
What Are the Damages I Could Recover in a Wrongful Termination Case?
In this type of employment lawsuit, you, as the plaintiff, will have to prove the amount of different types of losses that you suffered at trial. If you are in this situation, you should know the different types of monetary damages that could be involved:
- Lost wages: Theses damages include the pay you would have received if your employer had not terminated you, as well as any earned and unpaid wages, overtime pay, or any other compensation that your employer didn’t pay. Note that this amount is reduced by any money you earned after your termination.
- Lost benefits: The value of your lost employment benefits can also be a part of your overall monetary damages in your case. This will include any medical and dental insurance, pensions, 401k plans, stocks, shared profits, and any other employment benefits.
- Emotional concerns: This is also known as “pain and suffering” damages. Juries will usually award emotional distress damages only if the employer has acted in extreme negative measures and/or the employee’s suffering would require a mental health physician or professional.
- Punitive damages: This is the amount the employer is ordered to pay for actions that are especially deplorable and outrageous. These damages intend to “punish” the employer in order to deter similar behavior by others in the future. These types of damages are less commonly awarded in wrongful termination cases, and will sometimes need to be met with a greater burden of proof.
If you are facing a wrongful termination and would like to take your case to court, it’s vital that you have an experienced wrongful termination attorney by your side. Contact our Los Angeles employment attorney team today at Kesluk, Silverstein, Jacob & Morrison, P.C. for a consultation.