Remedies For Wrongful Termination

If you have been the victim of wrongful termination, you may be entitled to remedies for being wrongfully terminated and mistreated by your employer. The remedies that you are eligible to receive and the relief that you receive are dependent on the discriminatory actions that took place and how you -as the victim – were affected. The employer will also be required to stop any discriminator practices and take steps to prevent further discriminatory acts in the future.

You will need to make sure you maintain supporting evidence and documentation for your complaint against your employer. Make sure you keep all work-related correspondence, including your new hire paperwork, such as your employee handbook, your employment contract, all memos and correspondence, and employee reviews. You will need all this documentation to use as evidence to support your claim and to show that you were wrongfully terminated.

Compensatory And Punitive Damages

Compensatory and punitive damages may be awarded in cases that involve intentional discrimination that is based on an individual’s race, color, national origin, sex, or similar. Compensatory damages pay victims for out-of-pocket expenses caused by the discrimination, such as costs associated with a job search or with medical expenses, and compensate them for any emotional harm that is suffered because of the act, which could be mental anguish, inconvenience, or loss of enjoyment of life.

In some situations, punitive damages may be awarded. A court may award punitive damages to punish an employer who has committed an especially malicious or reckless act of discrimination toward their employee. These damages are awarded to help deter the employer from acting this way again in the future and mistreating other employees. Whether punitive damages are awarded depend on the individual situation and the laws in the state where you work and where the case is heard.

Limits For Compensatory And Punitive Damages

There are limits as to how much of compensatory and punitive damages that a worker can recover from their employer in a claim for wrongful termination. The limits vary because of the size of the employer. Here is a rundown of the damage limits compared to the size of the business:

  • For employers who have 15 to 100 employees, the limit is $50,000
  • For employers with 101 to 200 employees, the limit is $100,000
  • For employers with 201 to 500 employees, the limit is $200,000
  • For employers who have more than 500 employees, the limit is $300,000

For your claim to be successful, you will need to provide supporting documentation and evidence. You should keep your employee handbook, your employment contract, copies of evaluations, memos, emails, texts, and other correspondence. You should keep copies of everything and be sure to jot down notes and document everything that happens. Also, make note of any witnesses that may have seen or heard what happened.

The more supporting evidence that you have that will support your claim, the more likely you are to have a successful claim against your employer and recoup compensation for the damages that you suffered. With the help of an attorney, you can build a strong case against your employer. An attorney will know what evidence is needed to support your case, and how to prove that your employer mistreated you and that you were the victim of wrongful termination.

Working With An Employment Law Attorney

When you get the help of an employment law attorney, you may be much more likely to have a successful claim and recoup your losses. When you meet with an employment law attorney, you should go over their payment plans. Some lawyers work on a contingency fee basis, which means that the attorney will not be paid until you win your claim.

There are employment law attorneys who require a retainer to be paid in advance. Make sure you enlist an attorney who is likely familiar with the federal, state, and local employment laws that apply to your situation. Your likelihood of a successful claim will increase when you are represented by an experienced employment lawyer.

There is a limited time to pursue a wrongful termination complaint after you have been fired from your job, which is usually 180 days. If you miss the deadline, you cannot recover compensation for your damages. To ensure your claim is on track in a timely manner, complete the Free Case Evaluation Form on this page to share the details of your claim with an attorney who handles wrongful termination cases in your area.

Additional Resources