You can get as much as $1.8 million as damages if you sue your employer. It is worth noting that this amount is not fixed and can vary based on the circumstances of the case. One of the best methods to assess how much compensation you may be entitled to when suing your company is to contact an expert labour and employment attorney.
When you sue, there is no set amount of compensation you may be entitled to.
When Can You Sue Your Employer?
You don’t just wake up and decide to sue your employer on a whim. There are certain instances that call for such drastic actions.
Below are some of the instances in which you can sue your employer:
Employers are prohibited by law from discriminating against employees based on gender, national origin, sex, religion, disability, gender identity, or sexual identity. If you feel you are being discriminated against by your employer on one or more of these grounds, you may file a discrimination case.
2. Wrongful termination
Did your employer fire you for reasons unrelated to the status of the firm, your employment contract, or your performance? There are certain unlawful grounds to terminate someone. You cannot, for example, be fired for serving on a jury. You cannot also be dismissed as a result of becoming a whistleblower. You may sue your company for wrongful termination if you were fired for an unlawful cause.
Although there are other sorts of harassment, sexual harassment is the most frequent. This harassment might be coming from your job. You may also be able to sue your company if another coworker harassed you, and your employer did nothing to stop it.
4. Work injury
Employees are entitled to workers’ compensation payments if they are injured on the job, even if their conduct contributed to the injury. If your company refuses to pay you, call a lawyer to file a claim.
You may also be able to sue for injuries that would not otherwise be covered by worker’s compensation. Injuries caused by faulty products and/or third-party carelessness may be included.
5. Emotional Distress/Bullying
If you can demonstrate that your employer’s activities are causing you mental distress, you can file a personal injury claim against them.
How Much Can You Get For Suing Your Employer
As stated above, there is no fixed price you can obtain in damages for suing your employer. Depending on the facts of the case, you can go home with as high as $1.8 million from suing your employer. There is also the possibility that your employer will opt for a settlement instead of a full-blown trial.
Below are some factors that the court will consider when fixing an amount:
1. Lost pay
If you can show that your employer demoted you because you reported the supervisor’s harassment to HR, you may be able to recoup your lost income (known as “back pay”). You may also be entitled to collect future income if you are not reinstated to your prior position (this is known as “front pay”).
You may also be able to demonstrate that the demotion will have a detrimental impact on your entire career, reducing your prospects of finding work in the future. While this is a more difficult type of harm to show, your lawyer can engage an expert to evaluate the impact of your demotion on your future career path.
2. Lost Benefits
Job perks are sometimes linked to the amount of hours an employee works. Full-time employees, for example, may be entitled to more vacation than part-time ones.
A wage decrease may have an impact on other benefits, such as health insurance, bonuses, or 401k contributions. If you lost any benefits due to your demotion, you may be entitled to reclaim the value of those benefits.
3. Pain and suffering
Employees who have faced retribution frequently request an award for “pain and suffering,” which encompasses unpleasant emotions (such as anger, shame, and frustration), reputational injury, and other negative effects as a result of the retaliation.
To demonstrate that you have experienced this type of emotional distress, your lawyer may need to have a mental health specialist analyze you and testify about your injuries at trial.
In contrast to lost wages, damages for pain and suffering are difficult to quantify. The jury is completely responsible for deciding how much to award. However, your attorney can offer you an indication of what previous employees in comparable situations have recovered.
4. Punitive damages
Punitive damages, as the name implies, are designed to penalize your employer. Punitive damages are only recoverable in the most extreme circumstances, and even then, you must demonstrate a greater level of proof than is necessary to show the underlying retaliation.
5. Attorneys fees
If you win your lawsuit, the court may force your employer to pay your legal expenses as well. This cash would then be used to pay your lawyer’s expenses.
If the amount is sufficient to satisfy your fee arrangement with your lawyer, your employer will pay the whole amount. If the amount is insufficient to fulfil your agreement with your lawyer, the remaining lawyers’ costs will be deducted from your total reward.
Factors to Consider Before Suing Your Employer
Engaging in a legal battle is not child’s play. There are so many factors you need to take into consideration.
Below are 5 factors to consider before suing your employer:
1. Have you tried other alternative dispute resolution?
In my opinion, suing your employer should be your last resort! Is it possible to reach an arrangement that you are happy with without resorting to the use of the law? Giving your employer the chance to make the problem right before involving the law is usually less stressful.
2. Are you confident your employer breached the law?
A lawyer can help you determine if your employer is in the wrong from a legal aspect. You should have it at the back of your mind that a rude or inconsiderate boss does not necessarily call from a legal case.
Consider if your matter is genuinely a legal issue before pursuing legal action. If your workplace is toxic, sometimes it’s better to just find a new job instead of going the legal route.
3. Are you ready to have your private life exposed?
It is no joke that lawsuits can sometimes get intrusive. If you intend to sue your employer, you should have it at the back of your mind that your employers and their legal team will try to uncover everything unfavorable about your personal life and career.
This is more than just how you behaved at previous employment. This is frequently highly sensitive information that is difficult and embarrassing to share with the public. Before suing your company, consider the emotional suffering you may experience.
4. Do you have anyone on your side?
Do you have anyone in your workplace or outside of it who can testify to the illegal treatment you have received? Having friends who will support you in court might help you persuade the judge of your struggles and win your case.
5. Do you have documented evidence to support your claim?
One of the most critical things you’ll need to win your case is evidence. If you don’t have any proof, the judge will have a difficult time accepting that you were illegally abused at work. Before you file a lawsuit, make sure you have a substantial quantity of proof to provide to your employment attorney.
6. Do you still work for this employer, and can you manage additional stress at work until your legal issue is resolved?
If you’re unhappy at work now, think how much more unhappy you’ll be when you have to deal with the employers you’re suing. Consider the great stress you may experience if you hire an employment lawyer and sue your employer while you are still employed there.
If resigning is not a financial possibility right now, you should proceed with caution before taking the legal path. It may cause more harm than benefit in your case.
7. What exactly do you want from the lawsuit?
Ask yourself what you truly want to get out of this case. If you know the answer, speak with an employment lawyer to establish if your objectives are realistic. If you don’t believe you have enough evidence or witnesses to win your case, you should reconsider your legal action.
8. Are you willing to take the risk of going through legal hassles for years and coming out with nothing?
Taking something to court is always a risk since the outcome is never definite. Before you hire an employment attorney and file a lawsuit against your company, be sure you’re OK with the risk.
There’s a good chance you’ll be dealing with legal issues for years to come, with no conclusion. Before proceeding, you should be certain that this is the path you want to pursue.
Conclusion: How Much Can You Get For Suing Your Employer
Now, you know you can get a sizable amount from suing your employer. But don’t be in such a rush to sue your employer. You should explore other alternative dispute resolutions before resorting to legal actions.