If you have been wrongfully fired, what you really want is to get your job back and to be treated fairly. However, that is not something an attorney or a lawsuit can do. Unfortunately, you cannot sue to be reinstated. You can only sue for money. When an employee sues their current or former employer in a wrongful termination lawsuit the money they will be awarded is called damages.
Money is how we survive and how we pay bills and the main reason most people work is for monetary gain. If you have been wrongfully fired from a job, your survival is threatened. You should be compensated for the money you would have earned had you not been fired.
During a wrongful termination lawsuit, it is not only important to document the reasons you lost your job but to document the amount of money you have lost.
There are a few monetary damages that you can ask for in a wrongful termination case
The most obvious thing you have lost when you lose your job is your salary. You can sue your employer for the money you would have earned if they had not fired you. If they owe you money for things such as sick days, you can sue them for that as well. Determining how long you would have worked there if they did not fire you can be tricky.
Part of your wages is your benefits. If your former company offered 401-k, dental insurance, or medical insurance, you may be able to recover the amount you had to pay for coverage.
If you get a job after being fired, the amount of damages you will be able to recover will be reduced according to when you got the new job. For example, if you were unemployed for a month and you got another job, you would be able to sue your old employer for one month of wages.
Punitive damages are damages that are rewarded to a plaintiff in a lawsuit to punish the defendant for what they have done. Punitive damages are rare in a wrongful termination case, but they are allowed in California. The amount of punitive damages is determined by a jury and there are much higher standards for proving that a company should receive these kinds of damages.
Emotional Pain and Suffering
There are few things more stressful than losing your job, In the state of California, you can sue an ex-employee for emotional pain and suffering that has been caused by the loss of your employment. You are likely to have to get an expert witness to testify for you if you are seeking money for emotional damages. This witness should be a mental health professional.
A person who is experiencing emotional distress may have thoughts of hurting themselves as a result of the abuse they have suffered at work. They may experience anxiety attacks or depression as well. The amount of money you get for emotional distress is often determined by a jury.
If you have recently been fired and you think you may have a case, wrongful termination attorney Steven Rubin will work hard to get you the damages you deserve. He has many years of experience in employment law and he will thoroughly research your case.
A wrongful termination lawsuit can teach your employer how to treat employees in the future and get you the money you need to move on with your life.