What Kind of Damages Can You Claim in Wrongful Termination Settlements?
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When you file a wrongful termination lawsuit, you will be seeking damages from your former employer so that they pay you compensation for your losses due to the termination. Also known as ‘damages’, the compensation can cover different aspects of the losses you have borne. Record shows that most of these cases reach Wrongful Termination Settlements outside the courtroom. Typically, attorneys will also prefer reaching a settlement. This is because you can never be certain about civil trails, as they can be highly unpredictable.
Why Prefer Settlement?
As an employee who has been fired from the job, it can be hard for you to show that you were removed for illegal reasons. For example, the reason may have been due to your gender, race, as retaliation, harassment, or other factors which are illegal. On the other hand, employers mostly respond to such cases with certain proof that shows convincing reasons for the termination. But employers will also usually want to go for Wrongful Termination Settlements for many reasons. Even if they are able to defend the case well, trails can lead to revealing a wide range of undesired information about them to the public.
What Damages Can You Expect?
The damages in Wrongful Termination Settlements are calculated by including many components. The goal is to find out how much loss the worker suffered after losing his or her job. Here are some of the factors which are looked at when calculating the damages:
1. Loss of Wage
This is a crucial part of Wrongful Termination Settlements. It will take into account the wages that you lost from the date you were fired. Even potential wage loss in the future can also be added. If you are unable to find a job due to the settlement or trial, it can also be added to this component.
2. Loss of Benefits
Any loss in benefits which was enjoyed in the job can also be added to the Wrongful Termination Settlements. So if you had to pay for your health insurance after being fired, you can claim the employer to pay for it. You can claim any other types of benefits including fringe benefits.
3. Punitive Damages
Your attorney may also claim punitive damages based on the actions of your employer. The other types of damages are meant to help reimburse you for the losses you met due to losing your job. But punitive damages are claimed for ‘punishing’ your employer for the action, which was not legal. It is also asked to be paid to deter them from similar action with other employees in the future. These damages may not be available in all states and not for all claims of wrongful termination.
You can also claim emotional distress damages and attorney fees during Wrongful Termination Settlements. The suffering of mental anguish from the discrimination or harassment can be claimed for in damages. So if you know that you have been fired wrongfully, you should get the help of an experienced and specialized attorney. You should discuss all the possibilities and options before filing a complaint or lawsuit.