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.
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:
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).
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:
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:
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:
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.
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:
The burden is on your former employer to prove you didn’t mitigate your damages and what amount should be deducted from your damages.
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.