Filing a Wrongful Termination Suit
Wrongful termination suits may be challenging to file because employers discharge employees due to work violations stipulated by the law or a signed employment contract that may be hard to disprove. Despite the difficulties, the successful outcome of a wrongful termination lawsuit means that employees who were fired may recover their jobs, back pay, compensatory damages, and any other related expenses. Many times, settlements are made between the former employee and employer due to the challenge of proving wrongful termination and the risk it poses for the business. When determining the worth of a wrongful termination lawsuit, a variety of considerations must be evaluated.
Why Settle a Wrongful Termination Suit?
Instead of litigating a wrongful termination case in court, most are settled between both parties outside of the courtroom. Due to the unpredictability in civil cases, it is more efficient and beneficial for a settlement to be made between both the employee and employer.
Proving that an employee was terminated for unlawful reasons, like race and gender discrimination, varied forms of workplace harassment, and whistleblowing may not be easy to do unless there is concrete evidence. An employer may cite instances where the former employee failed to perform their job on a consistent basis, showed significant insubordination, or took too much time off that detracts from the worker’s filing. According to reports from the 1990s, about 50 percent of employees who filed a wrongful termination suit received a settlement.
Employers do not relish litigating a wrongful termination case in the courtroom. The drawbacks for an employer include the unpredictable outcome, the fact that the employer may be required to defend themselves without qualified legal representation, and the possibility that incendiary information regarding the business and its practices may be revealed.
Determining Value of a Wrongful Termination Claim
Numerous considerations must be made when determining the amount awarded to an employee in a wrongful termination settlement. One consideration would be the monetary level of loss the individual endured. The following factors may be evaluated in determining the value of a wrongful termination claim.
Loss of Wages
Wages lost from the time of discharge to the present day will be calculated. If the plaintiff found other means of employment after the termination, the amount earned in that capacity will be subtracted. Another deduction will be made if the individual received unemployment benefits. If the plaintiff did not find gainful employment before the trial or settlement date, future wage losses would be calculated.
Loss of Benefits
The loss of benefits that accompanied the job may figure into the loss of income. This is particularly true if the individual needed to pay for their own health insurance. Lost stock options may account as an additional consideration as well.
Losing a job not only adversely affects the former worker’s bank account but causes grief that may make it difficult to find another job or handle the vagaries of daily life. The discharged employee may experience depression, anxiety, and emotional issues that may require professional intervention. In a settlement, expenses regarding mental distress must be considered, especially for plaintiffs who already faced stress from workplace discrimination.
Additional Factors in Wrongful Termination Settlements
Monetary concerns are not the only factors considered for wrongful termination settlements. Employees may seek out a settlement to feel that justice has been served or for personal reasons. If the case involved workplace discrimination, the settlement brings closure and satisfaction. A change in company policy that protects other workers may appeal to the former employee. On the other hand, certain employers refuse to settle to establish a precedent among other employees that these types of cases are not welcome. Any business that will cover legal expenses may be more willing to engage in litigation.
Philadelphia Wrongful Termination Lawyers at Sidney L. Gold & Associates, P.C. Navigate Through All Areas of Employment Law
If you believe you have been wrongfully terminated, contact our Philadelphia wrongful termination lawyers at Sidney L. Gold & Associates, P.C. at 215-569-1999 or contact us online to schedule an appointment. We are centrally located in Philadelphia, Pennsylvania, and we represent clients throughout the states of Pennsylvania and New Jersey.