What is the average wrongful termination settlement? This is the essential point you should know in the current labor market. Because of the Covid-19 pandemic raging, the unemployment rate is rising for various reasons, both legal and illegal. If you are fired for no legal basis, do not remain silent; instead, speak up and demand justice. Hanfincal will discover what is in there for you.
Workers who had wrongful termination claims against their employer frequently receive compensation ranging from $5,000 (or less) to $80,000. Each case, however, is unique. There is no such thing as a “typical” wrongful termination. Indeed, many of the legal damages that a worker can recover through a wrongful termination lawsuit are not insignificant. Take a closer look right now.
1. Legal damages in wrongful termination cases
Workers who have been wrongfully fired include harassment or discrimination based on a protected characteristic (like ethnicity, national origin, religion, gender, pregnancy, disability, or age over 40) can seek legal redress. These damages include compensating the worker for all of the ways they have suffered due to their dismissal. The monetary value of wrongful termination is determined by several factors: how much loss was suffered due to the firing because terminations can be wrongful under state and federal employment law.
Legal damages generally include:
- Wage loss, including both postpay and prepay: This is the first damage. After being laid off, your responsibility is to mitigate these damages by taking steps such as looking for another job. Benefits from your new job are deducted from your previous wage total. This means that if you can find another job relatively quickly following your wrongful termination, you may not receive as much compensation as you would like for lost wages.
- Benefits lost: This could include situations such as being forced to pay for your health insurance after being laid off. Loss of benefits can also have the loss of fringe benefits, such as stock options.
- Emotional distress: Emotional distress usually comes into play if you were the victim of particularly egregious harassment or discrimination that caused you to suffer from anxiety, depression, or other emotional pain in a hostile work environment prior to termination.
- Compensation for lost non-wage benefits.
- The fee of attorney: These fees cover the costs of filing and pursuing the wrongful termination claim. Workers can better understand their legal rights to compensation and what they should expect in terms of a settlement amount with the assistance of an employment lawyer.
- Medical expenses: to pay the costs incurred as a result of any changes in medical insurance or conditions resulting from the wrongful termination.
- Damage to one’s professional reputation
- Fees punish the employer: If the termination was particularly egregious, you must pay this fee.
Some economic losses are relatively simple to calculate. However, some are non-economic damages that are difficult to quantify.
2. What is the average settlement for wrongful termination claims?
Every case is distinct. Workers who prevail in a wrongful termination case typically receive compensation ranging from $5,000 to $80,000.
Wrongful termination claims must be addressed in an individual case. However, a wrongful termination case’s average value is also affected by:
- The employer: Some employers are hesitant to settle out of court and prefer to wait until an employee files wrongful termination lawsuits. Furthermore, some employers are less financially capable than others, limiting their ability to pay.
- Punitive damages: When punitive damages are available, the value of your case will be more significant this time.
- Attorney and court fees: The wrongful termination lawyer fee differs from each state, and the costs will be higher in your specific case.
- Back pay: The amount you would have received if you had not been wrongfully terminated, calculated from the date you were fired.
- Front pay: You would have made money if not found another job.
- Compensatory damages are out-of-pocket expenses and other damages incurred due to the discrimination or harassment to which you were subjected.
However, keep in mind that federal laws in the United States limit the amount of punitive and compensatory damages in cases of wrongful termination. They are limited to $50,000 to $300,000, depending on the size of your employer’s business and other factors.
3. What are some popular kinds of cases?
Wrongful termination occurs when an employee is laid off for an illegal reason. Even in an at-will employment structure, it is still a violation of the law. In addition, there are numerous methods to make a stop illegal. Among them are the following:
- Retaliation for exercising a worker’s rights includes filing a workers’
- compensation claim following a workplace injury,
- Violations of whistleblower protections,
- Retaliation for reporting sexual harassment,
- Breaching the employment contract,
- Discrimination leans on a protected class such as sexual orientation or national origin.
Please note: This information, however, is not a replacement for the legal guidance that a skilled attorney with experience in wrongful termination litigation can provide. The lawyers would be better equipped to assess all aspects of your case and establish and explain the average settlement amount for your wrongful termination lawsuit.
According to the initial research findings of what the average wrongful termination settlement is, employees no longer fear being fired arbitrarily and illegally. Please grasp your obligations and rights thoroughly to assert them on time. Do not remain silent; instead, fight for your rights! Please re-read the helpful HanFincal’s article carefully to ensure that you fully comprehend its meaning. Don’t forget to follow us for more information!