Types of Losses That Lead to Higher Compensation in Wrongful Termination
Employees are terminated on a daily basis for a variety of reasons. Sometimes, these reasons are “wrongful”, and when that happens, it is important to recognize them and act accordingly.
Every day, dozens of employees are illegally terminated in California. Two-thirds of these employees never filed a claim due to fear of retaliation.
If you have been terminated recently, consider speaking with an experienced attorney and seeing whether or not you have been terminated for the wrong reasons. If you do not have an attorney in mind, call today and speak with wrongful termination attorneys in Los Angeles.
Here are all the losses that you can claim, as well as certain losses that could lead to higher compensation.
When you are terminated for the wrong reasons, the first thing that you should seek to claim is your lost wages. Since the moment you were fired, you stopped earning wages. As a result, your income suffered and you struggled to cope with paying the bills, rent, mortgage.
Depending on how much wages you lost, you can get compensated as follows:
- Less than $5,000 loss – up to $12,000 in compensation
- From $5,000 to $40,000 loss – up to $27,500 in compensation
- From $40,001 to $60,000 loss – up to $44,600 in compensation
- More than $60,000 loss – up to $123,000 in compensation
It is easy to prove the number of lost wages. Simply take your average weekly wages for the past 6 months, and you will have an estimate of how much you have lost in total. Unfortunately, you will most likely not be able to recover 100 percent of your lost wages. To learn more about how much you are entitled to recover, speak with Los Angeles wrongful termination lawyers. Call today and schedule a free consultation.
Since you stopped working, you will also lose most of your work-related benefits. Some of those benefits may be essential for your normal living standard. These benefits may include:
- Medical and dental insurance
- Retirement plans
- Stock options
The more wages you have lost, the more you will receive in compensation if your wrongful termination claim is successful.
Probably the most important compensation that you are looking to receive is the one for your medical bills. You will most likely experience some sort of emotional distress, also known as “pain and suffering”. After getting illegally fired, you may feel depressed and stressed out. This will further cause you emotional harm.
Luckily, you could receive compensation for your pain and suffering. It will be hard to prove it, but if you are able to, you will receive substantial compensation.
Note: pain and suffering are hard to calculate, and you will require the help of an experienced individual, someone who can help calculate those damages properly.
That is why you should seek help from the attorneys in Los Angeles as they have the resources and contacts needed to help secure your benefits.
If you are able to get a verification from a certified health professional, you will drastically increase your chances of securing the highest benefits possible. Those with medical bills that support their emotional distress can claim an average compensation of $55,000, which is about 60 percent higher than compensation for those who do not have medical bills proving their emotional distress.
Costs of Looking for a New Job
Most people are not even aware of the fact that they can get compensated for their costs of searching for new work. In reality, you have to spend money on transportation, new clothes, and food while looking for a new job. These can all be claimed through your wrongful termination claim. On average, you can expect to claim between $20,000 and $60,000, depending on how long you were looking for a new job.
If you were wrongfully terminated as a result of discrimination or harassment, you may be able to obtain the attorney’s fees as a part of your compensation. These fees usually include:
- Filing fees
- Expert witness fees
- Deposition costs
- Photocopying of documents
- Filing fees
Again, consult with your attorney to be sure that you are eligible (or not) to collect these fees as a part of your compensation.
Depending on where you live, you may be able to claim punitive damages. Keep in mind that punitive damages are usually not awarded (and are even illegal in some states). They serve to punish the employer (for something they have done) and make an example out of him so that others may not do the same. However, punitive damages are rarely awarded and you should not take them into consideration. If awarded to you, look at them as a “bonus”.
How to Prove That Your Termination was Illegal
There are many ways in which you can prove that your termination was illegal. Always do the following when you realize that “something is fishy” and that people around you are acting weird:
- Record all conversations with a date, place and the people who were involved
- Keep all memos, correspondence, notes, emails, messages
- Write down everything your employer told you (threats, insults, discrimination, harassment)
- Write the names of all potential witnesses who would be willing to testify and confirm your story
If your employer threatened to retaliate against you, or if you have unpaid wages, if you missed a promotion or if you were never given the extra work that you were promised, the chances are that you could get additional benefits for everything that is missing. Simply provide evidence that you were offered a promotion or overtime work, or that you were not paid correctly for your previous work, and Los Angeles wrongful termination attorneys will help you file a wrongful termination claim and secure your benefits. Remember that you are not alone, and feel free to contactthem and seek help. They will protect you from any further harassment and discrimination, and help you bring your employer to justice.