If your employee wrongfully terminates you, you may not only be able to recover your old job but also, the courts may award you compensatory damages. Those damages may include but are not limited to back pay, lost benefits and emotional duress, among others.
The types and amount of damages you may recover depends on a number of factors. However, some damages are more common than others. FindLaw explores the three types of damages claimants in wrongful death suits typically recover.
Backpay
When your employer wrongfully terminates you, you lose out on wages, commissions, bonuses and other forms of income. While you have a responsibility to mitigate those damages by seeking other employment and saving money, you stand to recover backpay for any compensation you lost in the interim between termination and finding employment. If you are unable to find new work by the time of settlement or trial, you may also recover future lost wages.
Lost benefits
When calculating damages in your wrongful termination suit, the deciding parties must consider what type of benefits, if any, you missed out on while unemployed. While your employer may not necessarily have to repay you for the cost of monthly benefits, it may have to reimburse you for any out-of-pocket expenses you accrued because of your unemployment. For example, if you paid for medical care following termination, the deciding parties may hold your employer financially liable for the bill.
Emotional duress
The third and final type of damage for which many wrongful termination claimants recover is emotional duress. It is not uncommon for people who have been wrongfully terminated to feel anxious, depressed and worried as a direct result of sudden and expected unemployment. This is particularly true of individuals who faced discrimination or harassment prior to their firing. If you can prove that your termination caused you mental anguish, the deciding parties may award you damages for emotional duress.
Wrongful termination can cause significant upheaval in your life. Fortunately, legal avenues for recovery do exist. If your employer wrongfully terminated you, get the help you need to recover the compensation you deserve.
