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When an employee sues for discrimination, harassment, because he has been fired, or one more reason related to his job, there are several things he can recover for. If your finances are a mess as you were fired for an illegal reason, you ought to know the damages after being fired that you're entitled to.

California Law- There are some very important differences between California and Federal Law. The discussion here is based on California Law. The ways in which the Federal Law differs is discussed below.

Damages for Breach of Contract
If a worker is fired in contravention of an express or implied contract, he may sue just for his lost salary and benefits.

He will not sue for emotional distress.
He will recover for what he will lose in the future, but these damages only continue for a fair time. Put simply, if the employee could get a similar job the day after he is fired, his future lost wages and benefits are nil.

Discrimination and Harassment
In California, if the employer has fired the worker (or if the employee has been made to leave or wasn't given the job) because of discrimination or harassment, the employee can recover (sue) for the following:

• Past lost salary.
• Other past benefits. (example: vehicle allowance).
• Future Lost Wages and Benefits. (the quantity of wages and benefits that'll be lost in the future). However , see “Mitigation”, below.
• General Damages. This includes emotional trouble and agony and suffering.
• Punitive Damages. This is a sum of money built to punish the employer and make an example of him.
• Attorneys Fees and Costs. This is what the worker spent on counsels to sue the employer.

Mitigation

The employee who is fired must “mitigate” his damages. This is true whether he is fired for discrimination, aggravation, breach of contract, or any reason.

What this means is that the worker has to find another job. He can't just decide to never work again and have the company pay for it.

The one exception to this is when the firm's bad actions make it difficult for the worker to return to work. For instance, many sexual harassment victims have trouble going back to work for men. This suggests that it frequently takes them longer to find another job. They can still claim damages for their lost salary during the period it takes them to find another job.

If the worker simply can't find a job, she or he can recover lost salary for this period. However , the employee will be necessary to show that she or he really tried to discover a job, and could not.

Fed. vs. State Law
Staff can recover under the Fed Title VII Law for everything they can recover under California Law.

However , there are caps on damages in the Fed. Law. For example, in no circumstances may a worker recover more than $300,000 in a sexual harassment suit. This amount includes all the sorts of damages.

In California, the amount the employee may recover is technically unlimited. It is therefore very important for a potential litigant to think about under which law she or he wishes to proceed.

Redin Laguire found a seasoned labor lawyer when he was fired unlawfully and his personal finances went into a tailspin. L. A. employment attorneys saved him from insolvency and helped him sue for commercial damages.

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