If there is a wrongful termination, then the employee has the complete right to sue the employer for wrongful termination. If such cases have been filed, then the employer is bound to clear the monetary damages to the employee. However, there are various elements of damages under wrongful termination cases, and in this article, we will discuss such wrongful terminations.
The whole purpose of damages and compensation in wrongful termination is to compensate the employer’s behavior, and they must suffer for their acts of wrongful decisions. You can visit this page to learn more about the legal consequences of wrongful terminations.
What are the elements of damage in wrongful termination cases?
If there is a wrongful termination case, then the plaintiff is asking the court to order the former employer to pay the compensation for their acts of wrongful termination. This compensation is known as damages in legal terms, and various elements of damages are as follows:
- Lost Wages: The first main element is the lost wage that the employer would have received from you if you had not been fired. You could have also earned the overtime wage, and therefore, the compensation amount will calculate all these factors to include all the lost income due to wrongful termination.
- Lost Benefits: Lost employment benefit is also an essential element for wrongful terminations. Benefits such as medical and dental insurance, pensions, and other benefits are difficult to count in dollar terms. Therefore, you might need an expert to evaluate the lost benefits and how much the employer must pay for the wrongful termination.
- Emotional Distress: This is an abstract loss that cannot be considered easily in monetary terms. We cannot quantify pain and suffering and its damages at trials. However, the court can consider the emotional distress if the employer has misbehaved with the employee, which caused them to consult a mental health professional.
- Punitive Damages: There are punitive damages that the employer has to pay for their actions. It is intended to reimburse the losses and punish the employer for their behavior. It is also to deter them from preventing such behavior in the future.
- Attorney Fees: In some wrongful termination cases, the attorney fees are also considered. However, it is not applicable in all wrongful termination cases.
So, you can consider all these factors to decide compensation for your termination, and the employer has to pay you for their wrong decisions. You can consider consulting an experienced lawyer for your case to help you deal with such wrongful terminations.