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- Wrongful Termination
- Whistle Blowing
- Sexual Harassment
- Discrimination
- Defamation
- Civil Rights
- Wage &Overtime Claims
- Employee Benefits
- Pregnancy Leave
- Workers' Compensation
- Disability &Workers' Compensation (Comp)
- Non-competition Clauses
- Implied &Oral Contracts
- Breach of Contract
- ERISA (Employee Retirement Income Security Act)
- Wages Claims
- False Claims Act
- Class Action
When an employee sues for discrimination or harassment because
(s)he has been fired, or another reason related to his job, there are
different things (s)he can recover for.
California Law
There are some very important differences between California and
Federal law. The discussion here is based on California law. The
ways in which Federal law differs are discussed below.
Damages for Breach of Contract
If an employee is fired in violation of an express or implied contract,
(s)he may sue only for his lost wages and benefits. (S)he cannot
sue for emotional distress.
(S)he can recover for what (s)he will lose in the future, but these
damages only continue for a reasonable time. In other words, if the
employee could get a similar job the day after (s)he is fired, his or
her future lost wages and benefits are zero.
Discrimination and Harassment
In California, if the employer has fired the employee (or if the
employee has been forced to leave or was never given the job)
because of discrimination or harassment, the employee can
recover (sue) for the following:
1. Past lost wages.
2. Other past benefits. (Example: car allowance.)
3. Future Lost Wages and Benefits. (The amount of wages and
benefits that will be lost in the future). However, see "Mitigation,"
below.
4. General Damages. This includes emotional distress and pain
and suffering.
5. Punitive Damages. This is an amount of money designed to
punish the employer and make an example of him.
6. Attorney's Fees and Costs. This is what the employee spent on
lawyers to sue the employer.
Whistle Blowing and Similar Situations
If an employee is fired for telling on an employer who is breaking the
law, the employee may recover the following:
1. Past lost wages.
2. Other past benefits. (Example: car allowance).
3. Future Lost Wages and Benefits. (the amount of wages and
benefits that will be lost in the future). However, see "Mitigation,"
below.
4. General Damages. This includes emotional distress and pain
and suffering.
5. Punitive Damages. This is an amount of money designed to
punish the employer and make an example of him.
6. Attorney's Fees and Costs. These may or may not be available,
depending on the circumstances. This is what the employee spent
on lawyers to sue the employer.
Mitigation
The employee who is fired must "mitigate" his or her damages. This
is true whether (s)he is fired for discrimination, harassment, breach
of contract, or any other reason.
What this means is that the employee has to try to find another job.
(S)he cannot just decide to never work again and have the company
pay for it.
The one exception to this is when the company's bad actions make
it impossible for the employee to return to work. For example, many
sexual harassment victims have trouble going back to work for men.
This means that it often takes them longer to find another job. They
can still recover damages for their lost wages during the period it
takes them to find another job.
If the employee simply cannot find a job, he or she can recover lost
wages for this period. However, the employee will be required to
show that he or she really tried to find a job, and couldn't.
Federal vs. State Law
Employees can recover under the federal Title VII for everything they
can recover under California law.
However, there are caps on damages in the federal law. For
example, under no circumstances may an employee recover more
than $300,000.00 in a sexual harassment lawsuit. This amount
includes all the types of damages.
In California, the amount the employee may recover is technically
unlimited.
It is therefore very important for a potential litigant to consider under
which law he or she wishes to proceed.
(s)he has been fired, or another reason related to his job, there are
different things (s)he can recover for.
California Law
There are some very important differences between California and
Federal law. The discussion here is based on California law. The
ways in which Federal law differs are discussed below.
Damages for Breach of Contract
If an employee is fired in violation of an express or implied contract,
(s)he may sue only for his lost wages and benefits. (S)he cannot
sue for emotional distress.
(S)he can recover for what (s)he will lose in the future, but these
damages only continue for a reasonable time. In other words, if the
employee could get a similar job the day after (s)he is fired, his or
her future lost wages and benefits are zero.
Discrimination and Harassment
In California, if the employer has fired the employee (or if the
employee has been forced to leave or was never given the job)
because of discrimination or harassment, the employee can
recover (sue) for the following:
1. Past lost wages.
2. Other past benefits. (Example: car allowance.)
3. Future Lost Wages and Benefits. (The amount of wages and
benefits that will be lost in the future). However, see "Mitigation,"
below.
4. General Damages. This includes emotional distress and pain
and suffering.
5. Punitive Damages. This is an amount of money designed to
punish the employer and make an example of him.
6. Attorney's Fees and Costs. This is what the employee spent on
lawyers to sue the employer.
Whistle Blowing and Similar Situations
If an employee is fired for telling on an employer who is breaking the
law, the employee may recover the following:
1. Past lost wages.
2. Other past benefits. (Example: car allowance).
3. Future Lost Wages and Benefits. (the amount of wages and
benefits that will be lost in the future). However, see "Mitigation,"
below.
4. General Damages. This includes emotional distress and pain
and suffering.
5. Punitive Damages. This is an amount of money designed to
punish the employer and make an example of him.
6. Attorney's Fees and Costs. These may or may not be available,
depending on the circumstances. This is what the employee spent
on lawyers to sue the employer.
Mitigation
The employee who is fired must "mitigate" his or her damages. This
is true whether (s)he is fired for discrimination, harassment, breach
of contract, or any other reason.
What this means is that the employee has to try to find another job.
(S)he cannot just decide to never work again and have the company
pay for it.
The one exception to this is when the company's bad actions make
it impossible for the employee to return to work. For example, many
sexual harassment victims have trouble going back to work for men.
This means that it often takes them longer to find another job. They
can still recover damages for their lost wages during the period it
takes them to find another job.
If the employee simply cannot find a job, he or she can recover lost
wages for this period. However, the employee will be required to
show that he or she really tried to find a job, and couldn't.
Federal vs. State Law
Employees can recover under the federal Title VII for everything they
can recover under California law.
However, there are caps on damages in the federal law. For
example, under no circumstances may an employee recover more
than $300,000.00 in a sexual harassment lawsuit. This amount
includes all the types of damages.
In California, the amount the employee may recover is technically
unlimited.
It is therefore very important for a potential litigant to consider under
which law he or she wishes to proceed.
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