When an employer dismisses an employee in contravention of the law or an employment contract, wrongful termination claims are raised. Depending on the circumstances of the termination, the absence of employment that follows might result in a loss of benefits, a reduction in income, and mental suffering.
You could sue for compensation for these and other damages. Keep reading to learn more and then contact PLBH at (800) 435-7542 to request a case evaluation with an employment law attorney.
Wrongful termination comes in many forms
There are various possibilities for wrongful termination lawsuits in California. They include contract disputes when a company dismisses a worker in contravention of the letter or spirit of an employment contract or other written or oral agreements, discrimination when a person is fired because of a protected trait, such race or gender, and retaliation claims when an employer decides to fire an employee for exercising their work rights, such taking time off or complaining about wrongdoing by the their employer.
Possibility of settlement
Cases involving wrongful termination might be challenging for both employers and individuals. Employers assume the risk that even if they win the case, adverse information about their business may surface.
Since civil lawsuits are by their very nature unpredictable, both parties can be interested in reaching a settlement outside of court. Due to this, in the majority of wrongful termination cases, the employer and employee agree to a settlement.
Why wrongful termination claims were settled
A settlement can be reached for a variety of reasons, not the least of which is to avoid an uncertain legal process. In addition to seeking monetary compensation, workers may suit for wrongful termination out of retaliation, to prevent future incidents like theirs, or to find closure after exceptionally traumatic or defamatory terminations.
An employer, on the other hand, can decide not to settle in order to get around similar claims in the future. Additionally, an employer can be covered by insurance for the price of legal fees. Even while settlements of wrongful termination cases are common, they are not always the result.
Factors that influence how much a wrongful termination case is worth
The compensation amount is determined by how much the employee lost as a result of being fired.The amount of pay lost from the date of termination to the present is known as wage loss. A fired employee must make an effort to lessen salary losses by looking for work elsewhere. The value of the employee finding a new job or receiving unemployment benefits is deducted from the overall pay loss. Future salary loss may also be included in the value if the employee has not yet found new employment.
A portion of the value of the wrongful termination claim includes the value of lost benefits. Employees who are forced to convert to paying for their insurance themselves can be reimbursed for these expenses. This covers both core benefits like health insurance and ancillary perks like stock option forfeiture.
When a person loses their job unfairly, it can cause varying degrees of mental pain. The value of compensation is influenced by emotional distress such as anxiety, sadness, and others. Employees are likely to be able to claim emotional distress damages if their termination was brought on by egregious alleged behaviors like discrimination and harassment or if the employer disseminated rumors about them after the termination that made it harder for them to obtain new employment.
These elements influence the value of a wrongful termination lawsuit in court, but the parties involved should also take these damages into consideration in any settlement negotiations. An employee can benefit greatly from the assistance of a wrongful termination attorney whether they settle their case out of court or decide to go to trial. Contact PLBH at (800) 435-7542 to get started.