What are the Consequences of a Successful Wrongful Termination Case?
If you successfully sue a former employer, depending on the type of case and your circumstances, the award could be substantial. Much of this is driven by how blatantly illegal the employer’s acts were, how much in pay and benefits you lost, and the pain and suffering you endured as a result.
If you believe a former employer has wrongfully terminated you, or you fear you will be in the future, the MBJ Law Group can help. We represent employees who were fired for doing the right thing. Call the Tustin wrongful termination lawyers at our employment law firm today at (949) 266-0880 or fill out our confidential contact form to learn more.
What is Wrongful Termination?
You may feel you were mistreated when you lost your job, but as far as the law goes, that doesn’t make it wrongful. Employers generally can fire people for any reason, as long as they don’t break the law.
Wrongful termination lawsuits are based on state and federal laws and the underlying facts. They generally fall into the following categories:
- Discrimination: You’re fired because of your age, race, disability, gender, or you belong to another protected class. This type of firing is illegal under federal and state law and local ordinances statutes.
- Harassment: Your supervisor or a co-worker makes unwanted sexual advances on you or you are asked for sexual favors in exchange for career advancement opportunities. This is illegal sexual harassment and could lead to an illegal termination if you reject the advances or proposal.
- Retaliation: Termination can be a form of revenge for engaging in protected activity, like complaining to management of discrimination or harassment, filing for workers’ compensation benefits, or union participation. This is considered illegal retaliation
- Breach of contract: You can’t be fired in a way that contradicts the terms of your contract. This can cover firing you to avoid paying a bonus or qualifying for stock options without following the procedures stated in the contract or firing you without the required notice or compensation
It’s common for a case to include more than one of these situations. A person may be a victim of discrimination or harassment, file a complaint with management, and be fired in a way that violates their contract. Employers may also be liable if they allow working conditions to get so bad a reasonable person would quit (constructive discharge).
What Can I Recover in a Wrongful Termination Case?
All California wrongful termination case damages (the harm you suffer measured in dollars) start with compensatory damages for lost benefits and wages. The following three would be combined:
- The value of wages/salary and benefits that you would’ve earned from the time of your wrongful termination up until the date of your next job or, if you’re still unemployed, the court verdict. If your next job is better paying and with better benefits, the time frame ends when you started there. If the next job paid less with worse benefits, the difference is calculated to the court verdict
- If you didn’t get a better paying job, the value of wages/salary and benefits you would’ve earned from the verdict up to an estimated date you reasonably would’ve been expected to continue had you not been fired. This could be determined by your age, intent to stay there, work performance, and the likelihood your employer would’ve kept you had there not been a wrongful termination
- If a contract was involved, the value of any other damages caused by a loss of income or benefits due to the employer’s behavior
Plaintiffs in most wrongful termination lawsuits may receive an award for non-economic harm caused by their wrongful termination. Depending on the situation and your emotional and psychological response, this may be the most significant part of your damages award. They can cover your emotional distress, mental suffering, and harm to your professional reputation. You may also be compensated for any physical symptoms of the distress you suffered.
These damages aren’t available if you claim wrongful termination due to a contract breach, but they are available in cases involving the following:
- Public policy violations
- Retaliation or whistleblower cases
- California WARN Act violations
- Discrimination and harassment issues
You may have your attorney’s fees and other legal costs paid by your former employer, which are usually the plaintiff’s responsibility. You may receive this award in a successful case involving:
- The federal Sarbanes-Oxley Act involves publicly traded corporations and employees who are retaliated against because they report shareholder fraud
- California’s Fair Employment and Housing Act prohibits employers from firing employees for reporting or opposing illegal discrimination or harassment
- Whistleblower retaliation cases where you complain about suspected violations of state or federal laws or regulations, such as violations of OSHA and/or wage and hour violations
- The California False Claims Act makes wrongful termination illegal when an employee reports fraud or theft by an employer doing business with state or local governments
Last but not least are “punitive damages.” They’re not meant to make you “whole” by paying you for something you missed after being fired. They’re to punish an employer for extreme and egregious wrongdoing. There could be a substantial punitive damages award depending on the evidence in the case.
After Being Fired, You Can’t Sit Around and Wait for a Settlement or Favorable Jury Verdict
You’re obligated to mitigate your damages, which means making good–faith, reasonable efforts to reduce the harm the employer caused. If you don’t, you risk having a winning case, but with much less damages to show for it:
- A jury could decide similar jobs were available, what you would’ve earned if you’d put in reasonable efforts to find one, and deduct it from your damages award
- If you’re suffering from emotional distress or psychological issues, you must also take reasonable steps to get treatment and improve your situation or risk a reduced award
The burden is on your former employer to prove you didn’t mitigate your damages and what amount should be deducted from your damages.
Contact a Tustin Wrongful Termination Attorney
If you have questions about wrongful termination laws, expect to be wrongfully terminated in the future, or that’s already happened, speak with an experienced Tustin wrongful termination lawyer at MJB Law Group’s employment law firm. We will explain your rights, assess your situation, and fight for your future. Call our wrongful termination attorney today at (949) 266-0880 or fill out our confidential contact form for a FREE case evaluation and consultation to discuss your situation and options.
Michael J. Berry is the founder and principal attorney of MJB Law Group. His complete focus within the legal field revolves around litigation, as he solely champions the causes of employees whose labor rights have been transgressed, as well as regular individuals who have suffered an injury due to another person’s carelessness. Mr. Berry is Board Member for the Orange County Trial Lawyers Association and also a member of the California Employment Lawyers Association, Consumer Attorneys Association of Los Angeles, and Consumer Attorneys of California. Learn more about Michael here.
