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What types of damages can I get in a wrongful termination lawsuit?
There are several types of damages available in California wrongful termination cases. If your lawsuit is successful, the court may award you compensatory damages for the harm and losses you suffered due to being wrongfully terminated.
Compensatory damages an employee can recover include lost wages and benefits, emotional distress or mental suffering. The court may also order the employer to pay attorney’s fees and costs. While most Plaintiff’s firms offer a “no pay unless you win” guarantee, an award covering the attorney’s fees may further increase the amount you will recover.
In certain wrongful termination cases, the court may decide to award punitive damages. Punitive damages aim to punish an employer for severe wrongdoing and deter them from engaging in the same behavior in the future. However, they are only awarded in cases that involve particularly offensive actions and where the employer had explicit knowledge of the illegal conduct.
Reinstatement to your former position or a similar job is also a possibility but tends to be uncommon in wrongful termination lawsuits. When reinstatement is unavailable or not desired, courts will often award the wrongfully terminated employee’s projected future earnings as damages.
Many cases settle out-of-court before trial, which may be advantageous to Plaintiffs who need a faster monetary settlement. However, a skilled employment attorney will argue that you should receive the same categories of damages as you would receive if the case went to trial.
The types of damages you receive depend on the circumstances of your case and the legal basis of your wrongful termination lawsuit. Having an experienced employment lawyer representing your interests can greatly impact the amount of compensation you receive. Contact the San Francisco wrongful termination attorneys at McCormack Law Firm to learn more about how we can help you obtain the damages you deserve.
Other Wrongful Termination FAQs:
- Can I sue for wrongful termination if I was forced to quit my job?
- Can my boss fire me for complaining about workplace safety?
- How can a lawyer help me with my wrongful termination claim?
- I was fired without warning. Was I wrongfully terminated?
- If I quit my job because of intolerable conditions, do I have a case?
- Is California An “At-Will” Employment State?”
- Is my employer allowed to fire me for complaining about discrimination or harassment at work?
- Is my employer allowed to fire me for no reason?
- What should I do if I have been unfairly fired?
- What types of damages can I get in a wrongful termination lawsuit?
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Client testimonials
This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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