You may be able receive the following types of monetary damages as part of your wrongful termination settlement:
This refers to any back pay you would have received, had you remained employed. This includes bonuses, any type of interest, pay raises including cost of living adjustments and increases in pay from promotions. In such cases, plaintiffs are expected to “mitigate” their losses, which means they are expected to find a similar job as soon as possible. If the employer can prove that the employee failed to do so, the calculated mitigated amounts could be deducted from the settlement. Lost front pay can be claimed if the fired worker finds a new job with lower pay.
Benefits are a substantial part of most workers’ compensation packages so they must be included in calculations showing economic damages after a wrongful termination. Benefits include healthcare coverage, pension plans, retirement savings, stock options and transportation reimbursements.
If the terminated employee’s insurance coverage has changed and he or she is incurring additional medical expenses, those may be included in the claim.
Cost of Job Searches:
Those looking for a job may also incur costs. Studies show that plaintiffs who filed for this type of damaged received an average settlement three times higher than those who did not.
This is also known as compensation for pain and suffering. A jury will award such damages if the employer’s actions caused the employee emotional distress. Such damages can be verified by testimony from a psychologist or psychiatrist.
In some cases, you can also recover fees paid to your attorneys.
These types of damages are awarded to punish employers who have committed an egregious offense. Courts may also award these types of damages to deter other employers from engaging in such egregious behavior or committing such violations.