Firing someone for taking a stand based on personal values is quite demoralizing. There are some rights that workers can avail themselves of, provided the conditions are favorable. What will you do to overcome the situation if you are laid off just for claiming your rights?
It is a surprise to many that one of their options is to ask for monetary compensation in cases of wrongful termination. This year, a court decision disclosed that the US Department of Labor got back a total of $438,625 in various forms of payment for two ex-employees of Mercedes-Benz in Alabama. This situation occurred after the employer infringed upon their Family and Medical Leave Act rights by failing to give them protected leave.
Wrongful termination carries with it numerous repercussions and makes it hard for you to carry on your daily routine.
Getting compensation to alleviate financial losses is synonymous with payment for lost wages and benefits. There is also payment for emotional distress and potentially punitive damages. With these provisions covered, it’s even more important for you to know how the compensation works in your case.
Let’s talk about the different types of compensation available in wrongful termination cases.
In This Article:
Lost Wages and Benefits
Wrongful termination is a serious issue in the competitive job market, according to the King Employment Law Firm. And the risk of unlawful firing is linked to discrimination, retaliation, or harassment, threatening the livelihood and futures of employees.
One of the greatest effects of wrongful termination is the fear of lost wages and benefits. Certainly the moment you lose the job, you probably face an immediate financial hardship.
Compute the total earnings you would have received if you had remained employed. This should also be inclusive of your bonuses, commissions, and overtime pay. It’s important to look at the benefits costs, including health and dental insurance, contributions to retirement funds, and paid time off.
Accurately quoting and preserving proof of claim or expenses can significantly enhance your case.
The court may consider the possibility of awarding you a future earnings loss. Presenting these calculations can help you secure the compensation that you deserve.
Emotional Distress Damages
One cannot ignore the fact that emotional distress is also normally experienced by an employee who was illegally terminated.
The toll on one’s emotions is simply immense in a case of wrongful termination. Anxiety, depression, or humiliation severely disrupts the daily routine of an individual. A court would still recognize these emotional sacrifices and would be willing to pay you compensation accordingly.
This settlement is solely meant to cover the distress and discomfort you are experiencing. It’s very important to keep a record of your experiences and to get professional help, as the therapeutic evidence of emotional distress can make your case even better.
Punitive Damages
Punitive damages serve as an imperative consideration in the larger world of termination cases, particularly if the behavior of the employer is especially heinous.
Beyond providing compensation for lost wages or emotional distress, a court’s objective is to punish the offending employer through punitive damages, which aim to deter future misconduct and discredit the employer’s actions. In case you prove your employer had malice or fraud, then he or she will be subject to punitive damages.
Intervening factors to account for before commencing punitive damages may be the nature of the misconduct and the harm inflicted on the injured party. Remember, the compensation is not just about fixing it for the victim, but the punishment is more for the offending employer to prevent the wrongful practices.
Investing in qualified legal counsel will help you address the technicalities related to the burden of punitive damages in your case.
In a wrongful termination case, you could claim back pay and benefits to recover your financial loss. In case you have experienced emotional distress following the loss of your job, you might claim these negative emotions as a part of your compensation.
The very act of litigation for wrongful dismissal is a step towards promoting fairness and justice. Knowing your options in such an illegal termination scenario should not be regarded as a burden, but rather as a proactive measure in asserting your rights.
