What’s The Average Settlement Value Of A Wrongful Termination Case In California?
HomeBlogWhat’s The Average Settlement Value Of A Wrongful Termination Case In California?
On behalf of Rager Law Firm posted on October 26, 2018
If you have been fired by your employer and a Los Angeles wrongful termination attorney told you that you have a right to sue your employer, it makes sense to wonder how much your wrongful termination case is worth.
Here at Rager Law Offices, our skilled lawyers receive this question in multiple variations all the time:
What is the average settlement value of a wrongful termination case in California?
How much is a wrongful termination case worth?
How much should I settle for wrongful termination?
These questions are tricky to answer without knowing all facts in your particular case. That’s because each case is unique, and there are many factors that must be taken into account before determining the value of your wrongful termination claim.
How much should you settle for wrongful termination in California?
“More often than not, courts will look into the damages suffered by an employee to determine the value of your wrongful termination settlement in California,” says our experienced wrongful termination attorney in Los Angeles. “Thus, in order to know how much you should settle for wrongful termination, loss of income and benefits (from the date you were wrongfully terminated from your job) and emotional distress damages, especially if your firing was based on harassment or discrimination, will be calculated to determine the value of your claim.”
Most of the time, wrongful termination cases are settled out of court, because wrongfully terminated employees and their employers understand that settlement out of court is often the best option for both parties. After all, a trial could go both ways, as they are quite unpredictable (which is the risk each party has to assume when going to court).
Benefits of settling out of court vs. a wrongful termination lawsuit
“But is it worth filing a wrongful termination lawsuit against your employer as opposed to settling out of court? Can I get larger compensation through a court verdict?” you may be wondering. Well, you might. While the average settlement for wrongful termination cases in California is around $40,000, the average value of a court verdict in wrongful termination cases is slightly larger, around $45,000 (but do keep in mind that attorney fees for legal representation in a wrongful termination trial will skyrocket, too).
The value of each wrongful termination case varies from one case to another and depends on whether you are legally represented by a lawyer or not. You may be able to settle for more than $40,000 if you are represented by a Los Angeles wrongful termination attorney.
How much is a wrongful termination case worth in California?
In addition to the above-mentioned factors, the average case value of a wrongful termination case also depends on:
The employer: Some employers are reluctant to settle out of court and choose to wait until their employee files a wrongful termination lawsuit. Also, some employers are less financially capable than others, which is why their ability to pay may be very limited.
Punitive damages: When punitive damages are available (for example, if your case is based on disability discrimination), the value of your case will be significantly bigger. Age discrimination, for example, prohibits recovery of punitive damages.
Attorney and court fees: How much did you pay your wrongful termination lawyer in Los Angeles or elsewhere in California and what is the value of court fees in your particular case?
Back pay: The amount of money you would have been paid had you not been wrongfully terminated, starting from the date you were fired.
Front pay: The amount of money you would have made until finding a new job (available in cases when the employee cannot be reinstated).
Compensatory damages: Out-of-pocket expenses and other damages caused by discrimination or harassment to which you were exposed.
Do keep in mind, however, those federal laws in the U.S. limit the amount of punitive and compensatory damages in wrongful termination cases. They cannot exceed $50,000 – $300,000 depending on the size of your employer’s business and other factors.