In California, the amount you can receive for a wrongful termination claim can vary depending on various different factors, including the specifics of the wrongful termination case, the type of financial compensation you’re looking for, and the strength of the evidence. An experienced employment law attorney can greatly improve your chances of getting a larger wrongful termination settlement than you might receive if you fight wrongful termination on your own.
Below are some examples of the types of compensation a wrongfully terminated employee can pursue.
1. Economic Damages
Back Pay: This can include wages, benefits, and other compensation an employee would have earned from the time of termination to the date of settlement, or judgment. This can also include interest on the settlement amount.
Front Pay: Compensation for lost wages and benefits from the time of judgment to a future date, often used when getting one’s job back from a former employer is not feasible.
2. Emotional Distress Damages
Compensation for Emotional Pain and Suffering: If the wrongful termination caused significant emotional distress, the employee may be awarded compensatory damages to make up for for the harm that was caused.
3. Punitive Damages
Punitive Damages: These are awarded in cases where the employer’s conduct was especially egregious or malicious. Punitive damages are meant to punish the employer and deter similar behavior in the future.
4. Attorney’s Fees and Costs
Attorney’s Fees and Court Costs: An experienced wrongful termination lawyer may recover the costs of hiring an employment lawyer and other related court costs for their clients.
5. Statutory Damages
Specific Statutory Penalties: Certain wrongful termination cases, such as those involving violations of the California Family Rights Act (CFRA) or whistleblower laws, could include statutory penalties.
Examples of Wrongful Termination Awards
- Settlements and Verdicts: Wrongful termination cases can result in settlements or awards ranging from a few thousand dollars to several million dollars, depending on the specifics of the wrongful termination case. A high-profile case could yield millions in damages if it involves substantial back pay, front pay, emotional distress, and punitive damages. However, each wrongful termination case is different and consulting with a wrongful termination attorney is often the best way to get an idea of how much your average wrongful termination settlement could be. Lawyers for Justice, PC (LFJ) offers a free consultation for California workers.
Factors Influencing the Amount
- Length of Employment: Longer employment can result in higher back pay and front pay awards.
- Salary and Benefits: Higher salaries and more comprehensive benefits packages can increase economic damages for those who seek compensation.
- Severity of the Violation: More severe or egregious conduct by the employer can lead to higher punitive damages.
- Emotional Impact: Greater emotional distress and harm can result in higher compensation for emotional distress damages.
Wrongful Termination – FAQ
what is considered wrongful termination in california? In California, wrongful termination refers to the improper dismissal of an employee by their employer. It occurs when an employer fires a worker for reasons that violate state or federal laws. Common improper reasons include discrimination based on age, disability, sex, or pregnancy.
how successful are wrongful termination cases? Taking a wrongful termination case to trial is expensive and risky for employers, so many choose to settle wrongful termination claims. Proving wrongful termination with sufficient evidence leads to a higher success rate of cases for those who were wrongfully terminated.
how are wrongful termination settlements calculated? Again, this can fluctuate depending on the wrongful termination suit, but typically figuring out your damages requires calculating your entire annual compensation from your former position, including annual salary, bonuses, future raises, and lost benefits. This amount can be multiplied by the number of years you were unemployed and the number of years you can expect to remain unemployed. An LFJ attorney can help elucidate a better idea of what compensation you could expect from your specific unfair dismissal.
do i have a case for wrongful termination? The best thing to do to find out is to contact LFJ for a FREE consultation.
how hard is it to win a wrongful termination lawsuit? Experienced legal counsel can help you if you were wrongfully terminated. Each case is different, but if there is sufficient evidence supporting your wrongful termination claim, the likelihood of winning is higher.
what happens if you win a wrongful termination suit? If you win a wrongful termination case, you receive compensation. At LFJ, the client pays the attorney’s fees only with a percentage of the compensation they were awarded.
how do i sue for wrongful termination? Reach out to Lawyers for Justice, PC today to get started.
