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Wrongful Termination Process with Lawyer Assistance

By Matt Vild in Posted October 17th, 2016

If you’ve been fired unjustly, the employer could have to pay you much more than the wages he deprived you of. Otherwise, if all the company ever owed you was lost wages, there would be no deterrent in place to discourage such unfair treatment of workers. Therefore, wrongful termination settlements are composed of payments for several key factors.

Lost wages would be the first thing to consider. You were paid to work, and now you are not getting paid. How much did the missing paychecks add up to before you found a similar paying job? If you h

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aven’t found a similar job yet, keep looking for decent work while you pursue your legal case. Your active job search could later become an important factor in winning your case. If you take a permanent but lower-paying job, add the future decrease in earnings to your case’s value. It’s only fair.

Did you lose health insurance when you lost your job? That’s worth something, usually a lot, as health insurance can be costly. Going without it can be even more costly. That’s called a hardship. After you were fired, did you incur medical bills that would have been covered by your former health insurance? What about lost opportunities for other compensation, like lost stock options? All those things should be considered.

We hear a lot about emotional distress, anguish and suffering, because those things really do have a bad impact on the fired worker, and on his family as well. The harmful effects of emotional distress can be worse than physical injuries. Juries often put a price tag on that type of suffering. So will the lawyer who takes your case.

Then there are punitive damages. That’s when the employer really needs to ‘be taught a lesson’ as a deterrent; not just for him but as a signal to other employers as well. Punitive damage awards determined by juries can be quite large. That is especially true in cases that involve wrongful termination with discrimination; malicious treatment on the basis of race, age, sex, religion, etc.

Next consider if your case only pertains to you, or is it likely to become a class action suit, which usually have higher settlements and awards. Lastly there are attorney fees and costs. Depending how involved your case is, that can add up to a big figure.

What is the average settlement for wrongful termination cases? Keep in mind that most wrongful termination settlements are agreed on out of court and are confidential. Since each case is unique, each case will have its own unique value.

As an employed person, what’s a good strategy for you to follow? While you are still working, if you suspect wrongdoing is in the works, start keeping a diary. Write down events as they occur, being as specific as possible with facts and figures.

Document as much as you can, because wrongful termination cases often turn on circumstantial evidence. That makes sense, because it would be rare for an employer to ‘confess’ and admit guilt.

Write down the names and job titles of everybody else involved. Include everybody who has knowledge of the events; witnesses. You’ll want to have their phone numbers and addresses, if possible, to give to your attorney.

Having these relevant documents can help persuade an attorney to take your case.

After you’ve lost the job, stay in touch with your friends at work. Did they tell you that you were replaced by a younger or lower-paid person, or by a relative of the manager? That could help prove discrimination on the part of the employer. Your attorney will tell you to not discuss your case, though, and don’t post anything related to it on social media.

Keep looking for work, and keep a detailed record of jobs you’ve applied for.

The more evidence you document, the better your attorney can drive your case forward, and the more incentive the employer will have to settle with you. If the facts are on your side, then the more facts you have, the better your case.

If you feel you were wrongfully terminated from your job, please contact Feldman Browne Olivares now to discuss your potential case. If you’ve never met with an attorney before, don’t be intimidated, here’s what you can expect when meeting with a lawyer for the first time. First consultations are free.

Call now, toll-free: (800) 350-0454.

October 17, 2016