What Damages are Available in a Wrongful Termination Lawsuit?

Wrongful termination is a critical legal issue that impacts individuals’ livelihoods and rights within the workplace. At Olivier & Schreiber, LLP, we are dedicated to helping employees navigate the complexities of these cases. Understanding what constitutes wrongful termination and the potential damages available is essential for anyone who finds themselves in this challenging situation.

Understanding Wrongful Termination

In California, employment is generally considered “at will,” which means an employer can terminate an employee for any reason or no reason at all, provided it is not illegal. Wrongful termination occurs when an employee is fired for unlawful reasons, such as discrimination, retaliation for reporting misconduct or participating in a lawful investigation against the employer.

Types of Damages Available in a Wrongful Termination Lawsuit

When pursuing a wrongful termination lawsuit, employees may seek damages to compensate for their losses. These damages typically fall into three main categories:

1. Economic Damages

• Lost Wages and Benefits: These damages aim to compensate for the income and benefits the employee would have received if they had not been wrongfully terminated. This includes back pay, which covers lost wages from the time of termination to the court’s verdict, and front pay, which covers future lost wages until the employee finds a comparable job.
• Reinstatement: The court may order the employer to reinstate the employee with the same seniority level they held before the termination.

2. Non-Economic Damages

• Emotional Distress: Wrongful termination can cause significant emotional suffering. Compensation for emotional distress addresses mental suffering, anxiety, loss of enjoyment of life, and damage to the individual’s professional reputation.
• Pain and Suffering: This includes compensating for any physical and psychological pain endured due to the termination.

3. Punitive Damages

• In cases where the employer’s conduct was particularly egregious, punitive damages may be awarded. These are not tied to any specific economic loss but are intended to punish the employer and deter similar future actions.

Calculating Damages

Calculating damages in a wrongful termination lawsuit involves a detailed evaluation of several factors. Lost wages and benefits are calculated based on the employee’s salary, benefits, and the duration of unemployment. Emotional distress damages, while more subjective, are assessed through the impact on the individual’s life and well-being. Punitive damages require clear evidence of malicious intent or egregious behavior by the employer.

The Role of Legal Representation

Navigating a wrongful termination lawsuit requires legal representation. The attorneys at Olivier & Schreiber, LLP have a history of successfully representing employees in these complex cases. Our team leverages extensive experience to secure the compensation our clients deserve, whether through negotiation or litigation.

Get In Touch

If you believe you have been wrongfully terminated, it is crucial to seek legal advice promptly. The experienced attorneys at Olivier & Schreiber, LLP are ready to guide you through the process, safeguarding your rights and handling your case with care. Contact us today to discuss your situation and explore your options for recovery.