How are Employment Settlements Calculated?
While there are state and federal laws in place to protect employees from wage and hour violations, discrimination, and other offenses, these laws are not always adhered to. Indeed, employees face retaliation, wrongful termination, unfair wages, unsafe workplaces, and discrimination at an alarming rate.
When employment laws are breached, affected employees have a right to file a claim against their employees for restitution. Doing so can be intimidating and complex, but it is often the best, and only way, to move forward with your life, and to hold an employer liable for their wrongdoing. Before you bring forth a labor complaint, however, you surely want to know what your case may be worth and what remedies may be available to you. The following literature considers how employment settlements are calculated; for more information, call our experienced Pensacola employment law attorneys for a case review today.
Types of Damages Available in Employment Law Cases
The types of damages that may be available in your employment law case will be dependent on several factors. For clarification, a publication issued by the American Bar Association (ABA) explains that potential damages that may be available in an employment law case include:
- Monetary relief. Monetary relief is the most common type of award that is recoverable in an employment law case. There are multiple types of monetary relief available, including:
- Back pay – Back pay is payment for salary that was earned in the past that should have been paid but was withheld. Elements of a back pay award may include wages and salary, fringe benefits, and pre-judgement interest.
- Front pay – As explained by the ABA, front pay may be used to compensate the victim for any future effects of discrimination when reinstatement would be an appropriate, but not feasible, remedy. Front pay may be awarded in lieu of reinstatement to the employee’s previously held position.
Awards for monetary relief/economic compensation are based on actual losses, or the calculated value of future losses.
- Compensatory and punitive damages. Compensatory and punitive damages are allowed in certain employment law case types, such as discrimination, and when the discrimination (or other violation) was intentional. Compensatory damages are designed to compensate the employee for their losses, including future losses, emotional pain, suffering, and inconvenience. Punitive damages are designed to punish an employer for their egregious actions. A plaintiff will need to submit proof of noneconomic losses (like distress) to recover compensatory damages.
These awards are harder to calculate as they are noneconomic in nature. The idea is to “make whole” the victim. An award may be based on the number of days that the plaintiff experienced suffering, or on a percentage of their economic damages. Keep in mind that there is a limit on damages that is based on the size of the employer.
- Legal fees. A plaintiff may also be able to recover attorneys’ and other legal fees as a part of their settlement. These fees are recoverable in full.
How Much Is Your Employment Law Case Worth?
Bringing forth an employment law case can be time-consuming, confusing, legally complex, and ultimately very stressful. Before you file a claim, you surely want to know how much is available to you in a potential settlement, and whether filing a case is worth it.
While it is impossible know exactly how much a case will ultimately settle for, our attorneys at the office of Whibbs Stone Barnett, P.A., have handled many employment law cases over the years, and are skilled at helping our clients assess the value of their claims and understand what damages may be available. If your rights as an employee in Florida have been violated and you think that you have a case, do not hesitate to call our law office today for a case consultation and the competent legal counsel you’re looking for. You can send us a message about your case today, visit our Pensacola office in person, or call us at 1-888-219-4561 now!