How Are Wrongful Termination Settlements Calculated?

Submitted by rachel on Wed, 09/14/2022 - 13:36

If you believe you have been wrongfully terminated from your job, you may be eligible for compensation. Different factors go into calculating your settlement. These factors include economic damages and non-economic damages. Here is a closer look at how a wrongful termination settlement is calculated.

How Is a Wrongful Termination Settlement Calculated?

A wrongful termination settlement will be composed of your damages. You will need to provide proof of all your damages. Here are a few of the more common damages suffered when an individual is wrongfully terminated:

  • Loss of earnings
  • Loss of benefits
  • Medical expenses
  • Cost of job search
  • Pain and suffering
  • Punitive damages
  • Attorney fees
  • Liquidated damages

Example of a Wrongful Termination Settlement

For example, you were wrongfully terminated by your employer, and you were out of work six months before you found a job with a comparable salary to the one you were terminated from. You can ask for compensation for those months you did not work, and if you can prove you should have received a raise during the time you were out of work, you can ask for that pay raise compensation as well. Your lost wages include any lost earnings growth from expected promotions or anticipated raises during the time you were without a job.

Lost benefits could come into play if you had medical insurance, dental insurance, or vision insurance through your employer. You can ask to be reimbursed for any medical costs that the insurance plan would have covered, or you could ask to be reimbursed for any COBRA insurance premiums you paid during that time if you maintained the insurance coverage. Keep track of any job search expenses, you can ask to be compensated for any reasonable expenses associated with your job search after being terminated from your job.

Losing a job can cause emotional distress and mental anguish. You can ask to be compensated for your pain and suffering. Also, if you see a therapist, counselor, or seek psychiatric care because of the mental anguish you suffered, you can ask to be compensated for those costs. You can ask for punitive damages if you can show that your employer knowingly discriminated against you or retaliated against you in violation of either federal or state laws.

If your employer is found guilty, they must pay your legal expenses including attorney fees and court costs incurred through the claim. Any out-of-pocket expenses associated with the court case, and the attorney contingency fee can be included in this amount.

What Is Considered Wrongful Termination?

Wrongful termination is when you are fired in violation of state or federal law. It can be an act of discrimination. Discrimination could be because of race, ethnicity, gender, sexual orientation, religion, or marital status. You should maintain thorough documentation and evidence to back up your claim and to show there was an ongoing problem and why you were terminated.

Get Help Filing a Wrongful Termination Claim

If you have been a victim of wrongful termination, you should enlist the help of an employment law attorney who handles wrongful termination claims. Complete the Free Case Evaluation Form to get connected with an independent, participating attorney who subscribes to the website.

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