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Calculating a plaintiff's economic damages in an employment case is seemingly quite straight forward. The basic method is to take the total compensation that the plaintiff would have earned absent the employer's allegedly unlawful action and subtract the income that the plaintiff can expect to earn in mitigation.
Employee lawsuits are expensive. An average out of court settlement is about $40,000. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation.
Overall, employment discrimination cases take a long time. You can typically expect your case, if it's a high value case to last more than two years. If it's a middle of the road case, and your lawyer is efficient, it will take more than a year, but generally not more than two.
At the federal level, the court can award up to $50,000 to an employee if the employer has 15 to 100 employees. $100,000 if the employer has 101 to 200 employees. $200,000 if the employer has 201 to 500 employees. Anything higher, and the courts can award up to $300,000.
The short answer to both questions is yes, as evidenced by a recent court decision involving the Equal Employment Opportunity Commission (EEOC) that awarded a pregnant former employee more than $74,000 in damages.
However, federal law limits how much you can be awarded for emotional distress, out-of-pocket losses (such as the costs of looking for a new job), and punitive damages. The maximum combined award for these damages ranges from $50,000 to $300,000, depending on the size of your employer.
A tribunal can award you interest on the injury to feelings and financial loss parts of your compensation. The rate of interest is currently 8% a year. To get a daily rate, divide the amount of your award by 365 and then multiply it by 8%. See the example schedule of loss for how to calculate interest.
An average out of court settlement is about $40,000. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement.
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