Wrongful termination damages are designed to compensate the employee for the harm caused by the unlawful firing. These damages typically fall into the following categories:
1. Lost Wages (Back Pay)
Back pay includes the wages, salary, commissions, and bonuses you would have earned from the date of termination to the date of settlement or judgment. It may also include the value of lost benefits, such as health insurance, stock options, or retirement contributions. Courts aim to restore the employee to the financial position they would have been in had the termination not occurred.
2. Front Pay
If reinstatement is not possible due to strained relationships or a toxic workplace environment, courts may award front pay. This compensates you for the wages and benefits you would have earned in the future if the wrongful termination had not occurred. The length of time front pay is awarded varies based on your age, position, and how long it may take to find comparable employment.
3. Emotional Distress Damages
Wrongful termination can take a serious emotional toll. California courts may award compensation for mental anguish, anxiety, humiliation, and loss of reputation caused by the unlawful firing. These non-economic damages are often subjective but can significantly increase the value of your claim, especially in cases involving discrimination or harassment.
4. Punitive Damages
Punitive damages are intended to punish the employer for egregious or malicious conduct and deter future violations. These are not available in every case but may be awarded if the employer acted with fraud, oppression, or malice—such as firing an employee to cover up illegal practices or retaliating for reporting workplace violations.
5. Attorney’s Fees and Legal Costs
In many wrongful termination cases, especially those based on discrimination or retaliation under the California Fair Employment and Housing Act (FEHA), successful employees can recover reasonable attorney’s fees and court costs. This makes it easier for wronged employees to pursue justice without worrying about upfront legal expenses.
Maximizing Damages with Legal Help
Hiring an experienced employment attorney in Los Angeles is one of the most effective ways to maximize compensation in a wrongful termination case. While you may have a strong claim, proving your damages and navigating the legal process without professional guidance can be challenging. An attorney brings the knowledge, resources, and strategy needed to secure the best possible outcome. Here is how they can help:
Build a Strong, Evidence-Based Case
Your attorney will gather critical evidence—such as employment records, performance reviews, emails, witness statements, and documentation of emotional distress—to build a compelling narrative that proves your termination was unlawful and caused real harm.
Accurately Calculate All Available Damages
Attorneys understand how to quantify both economic and non-economic damages. They will ensure you pursue all compensable losses.
Handle Agency Filings and Legal Procedures
Your lawyer can file complaints with the California Civil Rights Department (CRD) or EEOC, and ensure all deadlines and legal procedures are followed. Missing even one deadline could limit or eliminate your right to recover compensation.
Negotiate from a Position of Strength
Employers and their attorneys often push for quick, low-value settlements. Your lawyer will negotiate aggressively on your behalf, using their experience to secure a fair and full settlement—or take your case to trial if necessary.