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What compensation is available in an employment law claim?

| Dec 24, 2020 | Employment Law

Current and former employees in California may decide to file a lawsuit against their employers for a multitude of reasons. Some of these reasons may include violations of Title VII of the Civil Rights Act of 1964, Family Medical Leave Act (FMLA), and Fair Labor Standards Act (FLSA), such as:

  • Discrimination based on race, gender, disability, age, etc.
  • Wrongful termination
  • Retaliation
  • Failure to allow employee to take leave
  • Failure to pay overtime or minimum wage

The damages an employee can recover in an employment lawsuit will depend on the claims made against the employer and the damages suffered by the employee, both financial and emotional. Employees may be entitled to:

  • Back pay for wages the employee would have earned if they had not been wrongfully discharged or unpaid overtime/minimum wage
  • Front pay in lieu of the employee’s reinstatement or for the time between the judgment and the reinstatement
  • Benefits (e.g. health, vacation, sick leave, and pension)
  • Compensatory damages for out-of-pocket expenses and actual costs
  • Punitive damages – Damages to punish employer for wrongful actions
  • Damages for emotional distress/mental distress and harm to reputation
  • Attorney fees

An experienced employment law attorney can review the facts of your case and determine whether you have a valid claim against your employer. If your claim is valid, your attorney may be able to negotiate a reasonable settlement with your employer or proceed to court. A successful lawsuit against an employer can result in the employee’s recovery of some or all of the damages listed above.