In California, employees who have been unlawfully terminated have the right to seek compensation through a wrongful termination lawsuit. These damages aim to make the employee whole by compensating for financial losses, emotional distress, and in some cases, punishing the employer for egregious misconduct. If you believe you’ve been wrongfully terminated, speak to our Los Angeles wrongful termination lawyers at Yadegar, Minoofar, & Soleymani LLP for a free consultation today.

Types of Damages in Wrongful Termination Cases

Employees who successfully prove wrongful termination in California may be entitled to recover several types of damages. These can be broadly categorized into economic damages, non-economic damages, and punitive damages.

Economic Damages

Economic damages are intended to compensate the employee for financial losses resulting from their termination. These damages are often straightforward to calculate and may include:

Lost Wages and Benefits: Employees can recover front and back pay, which is the income they would have earned had they not been terminated, including wages, bonuses, commissions, and benefits such as health insurance, retirement contributions, and stock options.
Job Search Expenses: Employees can claim expenses incurred while seeking new employment, such as costs for resume preparation, job search platforms, transportation, or relocation.
Out-of-Pocket Costs: If the termination resulted in the loss of health insurance, employees can recover medical expenses they had to pay out of pocket.

Non-Economic Damages

Non-economic damages compensate for the emotional and psychological harm caused by wrongful termination. These damages are less tangible than economic damages but can be significant, especially in cases involving egregious employer misconduct. Examples include:

Emotional Distress: Wrongful termination often causes stress, anxiety, depression, and other emotional difficulties. Employees can recover damages for the mental anguish they experienced as a result of losing their job unfairly.
Damage to Reputation: Employees may suffer harm to their professional reputation if their termination was publicized or based on false allegations, making it harder to secure future employment.
Loss of Enjoyment of Life: If wrongful termination disrupts an employee’s life in ways that impact their overall well-being, they may claim damages for the diminished quality of life.

Punitive Damages

In cases where the employer’s conduct was particularly egregious or malicious, the court may award punitive damages to punish the employer and deter similar behavior in the future.

Criteria for Punitive Damages: Punitive damages are typically awarded in cases involving intentional discrimination, retaliation, or harassment. The employee must demonstrate that the employer acted with malice, oppression, or fraud.
Limits on Punitive Damages: While punitive damages can be substantial, they are subject to constitutional limits and must be proportional to the actual harm suffered by the employee.

How Damages Are Calculated

Damages in wrongful termination cases are calculated based on evidence presented by the employee. The following factors often come into play:

Back Pay

Back pay is calculated from the date of termination to the date of the trial or settlement.

Front Pay

Courts estimate how long it would take for the employee to find comparable employment and award damages for that period. This is known as front pay.

Emotional Distress

Non-economic damages for emotional distress are more subjective and often based on testimony from the employee, mental health professionals, or other witnesses. Courts consider the severity and duration of the emotional harm when determining the award.

Mitigation of Damages

Employees have a legal duty to mitigate their damages by seeking comparable employment. If an employee fails to make reasonable efforts to find a new job, their damages for lost wages may be reduced.

Punitive Damages

Punitive damages are calculated based on the employer’s financial condition and the severity of their misconduct. Courts aim to ensure the award is significant enough to deter future violations without being excessive.

Other Remedies in Wrongful Termination Cases

In addition to financial damages, employees may be entitled to other remedies, including:

Reinstatement

In some cases, the court may order the employer to reinstate the wrongfully terminated employee to their previous position.

Injunctive Relief

Courts may issue orders requiring the employer to change unlawful workplace policies or practices.

Attorney’s Fees and Costs

Many wrongful termination claims allow the prevailing employee to recover attorney’s fees and court costs, reducing the financial burden of pursuing legal action.

Factors That Influence Damages

The amount of damages an employee can recover depends on several factors, including:

The Severity of the Employer’s Conduct

Cases involving intentional discrimination, harassment, or retaliation often result in higher damages, especially if punitive damages are awarded.

The Employee’s Economic Losses

Employees with higher salaries or extensive benefits packages may recover more in economic damages.

The Availability of Comparable Jobs

If the employee has difficulty finding a new job due to their termination, they may be entitled to higher front pay.

The Strength of the Evidence

Strong evidence, such as documentation of discriminatory comments or retaliation, increases the likelihood of a successful claim and higher damages.

How a Los Angeles Wrongful Termination Attorney Can Help

A wrongful termination can disrupt your life, affecting your finances, career, and emotional well-being. An experienced Los Angeles wrongful termination attorney can help you secure maximum compensation. Here are the key ways they can help.

Assessing Your Case

A lawyer will identify unlawful reasons for your termination and evaluate all potential claims.

Calculating Damages

They ensure no losses are overlooked, and will accurately estimate the value of your claim so you do not settle for less.

Gathering Evidence

Lawyers collect essential documentation, such as performance reviews, emails, and witness testimony, to support your claim and prove employer misconduct.

Negotiation and Litigation

Wrongful termination lawyers negotiate with your employer to secure a fair settlement, ensuring compensation reflects all economic and non-economic damages. If the settlement fails, they represent you in court, presenting a strong case to maximize your compensation, including potential jury awards for emotional distress or punitive damages.

Pursuing Punitive Damages

In cases involving egregious behavior, an attorney can argue for punitive damages, which can significantly increase the value of your claim.

Protecting You

An attorney safeguards you from employer tactics, such as lowball settlements or retaliation, and ensures procedural requirements, like filing deadlines, are met. With a Los Angeles workplace retaliation lawyer’s guidance, it ensures your rights are protected, and your case is presented in the strongest possible way.

Speak to a Wrongful Termination Attorney in Los Angeles, CA Today

If you believe you were wrongfully terminated, consulting an experienced employment attorney is essential to maximize your compensation and hold your employer accountable. Call (310) 499-0140 or message us online to arrange a free consultation today.