Damages Recoverable After Employer Retaliation | Mann & Elias
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Damages Recoverable After Employer Retaliation

WERE YOU RETALIATED AGAINST AT WORK?

Let’s say that you were fired over your employer retaliating against you. You did or took actions at the business that they didn’t like, and it led to you getting dismissed. In some cases, you might have a right to compensation, especially if it could be proven that an employer retaliated against you over the actions. Let’s have a look at how you might receive compensation for this.

Examples of Employer Retaliation

Laws like this exist to make things fair so that employers can’t take unfair legal action against you for doing something that you had a right to do. For example, let’s say that you told your HR manager about the supervisor hitting on one of your co-workers. As a result, they decided to demote you, and you lost wages because of this.

Provided you won your case against them, you would be entitled to the following:

  • Pain and suffering
  • Lost wages
  • Attorneys’ fees
  • Punitive damages

Another example of employer retaliation happens when you see something going on that was wrong at the business. For example, they weren’t following the proper safety protocol, and you contacted HIPAA over it. As a result, the employer had to pay thousands of dollars in fines, and they decided to fire you over it. This classifies as employer retaliation, and you could be compensated for the harm done to you. You should contact an employment attorney in Los Angeles as soon as possible if you were retaliated against by an employer at work.

How Much Can You Recover?

How much you will recover in a case like this will depend on the amount of damages that were done to you as a result of the firing. In some cases, you could also sue for punitive damages, which basically means that you can sue to punish the employer to discourage actions like this in the future against other employees. This protects other people in the future from being retaliated against by an employer at work.

How to Pursue a Case for Employer Retaliation

You should first speak with an employer retaliation attorney in Los Angeles because they will help you with your case. Usually, they advise that you first file a complaint with the Equal Employment Opportunity Commission or EEOC. This organization looks at cases like this, discrimination and other wrongful cases where an employer took unfair action against someone.

The EEOC will be the first place where you try to resolve your dispute, but if you can’t resolve it through the EEOC, you will request a letter for right-to-sue. This allows you to file a lawsuit in the courts. After speaking with a legal professional at this point, they will look at how to charge a lawsuit against an employer. This looks at any losses that you may have encountered as a result of the employer taking action against you. The damages that you might seek in cases like this include:

  • Lost benefits
  • Lost wages
  • Punitive damage
  • Attorneys’ fees
  • Pain and suffering

What Options Do You Have Available to You

You should first speak with an attorney, as he or she can help you to decide on what kind of options you have available to you. Lawsuits can take a lot of time and money, and especially if you plan to sue a current employer, you should first look at the total cost to you. Your legal representation will look at the specifics of your case to determine the advantages and disadvantages of filing a lawsuit. In some cases, your lawyer will look to settle out of court because it might be more advantageous to you.

How Your Lawyer Evaluates Your Case

Let’s have a look at how your lawyer will evaluate your case. What types of actions the employer took against you can determine what kind of value the case might have. In a lot of cases, they won’t always be a straightforward case. For example, you might have an employer who tries to muddle the waters when getting rid of you. They might, for example, make the work environment so hostile that you will want to quit. Keep in mind, you can also file a lawsuit for this as well.

A lawyer will evaluate the specific circumstances of your case to determine how to move forward with it. You have to know your rights because this ensures that your employer doesn’t simply step on any rights that you have.

What Does a Lawyer Look For?

To prove a case, a lawyer will first look at whether you engage in protected activity or not. Second, he will check to see if you suffered damages because of it. If an employer took any kind of adverse actions against you, this could be used against him in court. It will also be determined whether you experienced illegal discrimination or harassment as a result of your case.

Discrimination and harassment differ from each other. You have to show a lawyer evidence that this honestly took place against you, and in some cases, it won’t be straightforward because an employer might muddy the water. They know that they can be sued if they fire you over certain actions in most cases, and because of that, they will take measures to defend against this. In a case like this, you will be the most important witness. The lawyer will evaluate you as the witness, and they will determine if your case has merit based on this or not. You also have to show that you will remain credible and coherent.

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