A successful wrongful termination claim in California will enable a plaintiff to get compensation in damages. The aim is to award an aggrieved employee with compensation for their losses. In most cases, these damages are monetary, even if it seeks to compensate for more subjective losses like emotional distress.
Although juries don't follow a set formula, you can estimate your potential awardable damages by looking at the factors that affect it. Here's how Los Angeles wrongful termination lawyers calculate your potential receivable damages.
Potential Damages In California Wrongful Termination Claims
You could file an employment claim if you were fired for illegal reasons under California wrongful termination law. If successful, you may receive damages for economic, non-economic, and punitive damages.
How California Wrongful Termination Lawyers Calculate The Damages
When working with a California Employment Attorney, you'll need to gather proof of the losses you've incurred. This includes documents, receipts, journal entries, and possibly expert testimony to justify the amount of compensation you would be receiving.
The pieces of evidence are used to show the following:
1. Medical Costs
Losing your job impacts not only your physical health but also your emotional well-being. Even physical symptoms might be caused by emotional pressures.
If you bring a claim for wrongful termination, you might be able to get money to cover your medical bills and the cost of therapy if you require it to deal with your mental distress. Keep all receipts and medical documents so your Los Angeles wrongful termination lawyer can build the best case.
As non-economic damages, pain and suffering may also be covered by your claim for compensation. The jury will decide how much you can be awarded for pain and suffering.
2. Lost Employment Income And Benefits
If you succeed in your wrongful termination case, you can receive compensation for missed back pay. This is based on what you would have made if you had continued working. Your lost earnings may also include bonuses and income growth from promotions and raise in addition to your regular compensation.
Benefits are significant components of compensation packages; thus, calculations for economic losses in a wrongful termination case should also account for lost benefits. Your benefits could include pension plans, retirement savings, stock options, dental, vision, and health insurance.
Your wrongful termination attorney in California might also find experts (i.e., economists, accountants, etc.) to better justify potential losses.
Remember that the court will anticipate that you want to limit your losses, so as soon as you are fired, start looking for a position that pays about the same. Mitigation payments may be computed and deducted from your overall lost earnings compensation if you willfully fail to take steps to limit your losses, and your employer can prove this.
3. Re-employment Costs
After being wrongly fired, you could have to spend a lot of money looking for a new job. For example, you might spend money on things like visiting job fairs, professional organization membership, wardrobe costs, and travel costs when looking for a job.
You can be awarded more money if you file a claim for these losses instead of only asking for reimbursement for your job search expenses. In addition, courts frequently view plaintiffs favorably if they can demonstrate that they have made an effort to find new work.
4. Punitive Damages And Legal Fees
You could claim punitive damages against your former employer if they engaged in egregious or excessive behavior. Punitive penalties are supposed to hold the employer accountable and deter future misconduct. In contrast, other damages are meant to make up for your losses.
Punitive damages are not always available in wrongful termination cases. Still, they might be in yours if your ex-employer acted inexcusably. The jury will typically determine how much you can recover.
You might be eligible to receive reimbursement for the legal fees you shelled out for the duration of your wrongful termination case and any court costs you incurred in addition to punitive damages.
Find a Wrongful Termination Attorney in Los Angeles
California Employment Law can be complicated, and your case depends on your employment experience's unique characteristics.
1000Attorneys.com is a California Bar Association Certified Free Attorney Referral Service that can refer you to the best Employment Attorney that's fit to handle your case. Contact us through our 24/7 live chat or complete this submission form for a free initial consultation.
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