Wrongful Termination Recoveries
Glendale Employment Law Attorney – (800) 576-4620
When a California employee is successful in a wrongful termination lawsuit against a former employer, he or she will be awarded monetary compensation for damages suffered. In general, there are two types of damages that can be recovered in such a case: economic and non-economic.
More specific damages awarded in a California wrongful termination lawsuit may include:
- Compensation for lost wages
- Lost benefits
- Emotional distress
- Physical pain
- Loss of professional reputation
- Attorneys’ fees
- Punitive damages
Of note, the type of damages a wrongfully terminated California employee may receive in a wrongful termination lawsuit against a former employer is dependent upon the legal basis of the lawsuit and the specific facts of the case. With that being said, do you know what kinds of damages you may be able to recover in your wrongful termination lawsuit? Call (800) 576-4620 to connect with Haig B. Kazandjian Lawyers APC and our employment law attorney in Glendale, Los Angeles County, and Riverside County. Using our experience and insight, we can help you anticipate the details of your case, right down to damages you can claim.
Arrange an initial consultation with our experienced team today.
Compensatory Damages in Wrongful Termination Cases
Economic damages, often referred to as compensatory damages, are meant to make the plaintiff financially stable. The most basic type of compensatory damages available in a wrongful termination lawsuit in California are those for lost wages and benefits.
Damages for lost wages and employment benefits are calculated by:
- Calculating the value of the wages or salary as well as the value of any other benefits the employee-plaintiff would have received from the employer, as of the date of the wrongful termination up until the date of the court’s verdict, adjusted for inflation.
- Adding the previous value to the value of wages or salary as well as the value of any other benefits the employee-plaintiff would have received from the employer, as of the date of the court’s verdict and going forward for as long as the job would reasonably have been expected to continue, adjusted for inflation.
- Adding the sum of the last two values to the value of any other contract-related damages caused by the employer-defendant’s behavior.
In other words, damages often equal past lost wages and benefits plus future lost wages and benefits with the further addition of other contract damages, if any. It can be quite costly for an employer to wrongfully terminate an employee, yet it happens more often than you might think.
Understanding the Duty to Mitigate of Damages
Each employee in California is expected to make a genuine effort to seek gainful employment in a similar position after being wrongfully terminated, even while a wrongful termination lawsuit is pending. This is known as the duty to “mitigate damages.” In employment law cases, plaintiffs who were wrongfully terminated could stand to receive a lessened amount of damages if they refused to look for similar employment for an extended duration of time after they were wrongfully terminated.
The argument to reduce a plaintiff’s award will be used by the employer or defendant, who must prove:
- Plaintiff could have readily found similar employment after termination.
- Plaintiff did not make reasonable efforts to regain employment
- Plaintiff could have earned the same or almost the same amount had he or she found or accepted new, similar employment.
A California jury weighing a wrongful termination lawsuit will also consider the nature of the new work, as well as the new salary, benefits, and hours. Furthermore, the finer details of the new employment opportunity, like experience needed and room for promotion, will be considered.
Non-economic Damages as a Result of Wrongful Termination
Plaintiffs in certain California wrongful termination lawsuits may also receive non-economic damages. The most common types of non-economic damages include those for harm done to the plaintiff’s professional reputation and any emotional trauma he or she may have experienced as a result of the situation as a whole. If any related mental distress manifests as physical ailments, then it could also be possible to recover the cost of necessary medical care and attention.
L.A. County Employment Lawyer Standing By Your Side
If you have been wrongfully terminated by your employer, then please know you are not alone. Haig B. Kazandjian Lawyers, APC and our employment law attorney are here to help you through this time and uphold your rights to compensation.
Dial (800) 576-4620 today for your initial case evaluation with our team.