Filing a lawsuit against your employer for discrimination can feel intimidating and unnerving, especially if you’re unsure about what to expect. One of the most common questions employees have before filing suit is, “How much can you get for suing your employer?” While settlement amounts vary, it helps to understand how to calculate these amounts and what remedies you might be eligible for.
We’ll explain how settlements for workplace discrimination are often decided and what factors impact the outcome of your case. For skilled legal advice and personalized guidance, contact Rissmiller PLLC to discuss your options today.
What Can You Sue Your Employer For?
Discrimination can take many forms, including unfair treatment based on race, gender, age, disability, religion, or other protected characteristics. Employers are required to follow federal anti-discrimination laws. Failure to do so may provide grounds for legal action. Some examples of laws and corresponding reasons you might sue an employer include:
- Strength of evidence. Cases with solid evidence (like documentation or witness statements) are more likely to lead to favorable settlements or verdicts.
- Potential compensation versus time and stress. Lawsuits can be lengthy and emotionally taxing. Weigh the potential outcome against these factors to decide if a lawsuit is worthwhile.
A knowledgeable lawyer can assess the viability of your case and may recommend alternative dispute resolution options, such as mediation, which can sometimes lead to faster results.
Suing Your Employer While Still Employed
Suing your employer while you still work there can be tricky. While anti-retaliation laws exist, some employees fear losing out on future promotions or creating workplace tension. If you’re considering this route, here are some things to think about:
- Anti-retaliation laws. Federal laws prohibit retaliation against employees who report discrimination. Your employer cannot legally demote, fire, or harass you for filing a lawsuit.
- Workplace relationships. Legal action may impact relationships with peers or supervisors. If you proceed, be prepared for potential changes in workplace dynamics.
Getting clear advice on your rights can help you proceed confidently, even while employed.
What Kind of Lawyer Do I Need to Sue an Employer?
If you’re considering a lawsuit, you may wonder, “What kind of lawyer do I need to sue an employer?” Employment law attorneys focus on such cases and understand the legal protections available. They can provide essential services, such as:
- Case evaluation—an experienced employment attorney can assess the strengths of your case and advise on your options;
- Settlement negotiation—attorneys often excel in negotiations with employers to maximize settlement offers; and
- Representation in court—if your case goes to court, having a lawyer represent you can increase the likelihood of success.
When choosing a lawyer, look for a strong background in discrimination cases and a history of positive case results. Employment law cases can be complex, making experienced representation essential.
Take the Next Step Toward Fair Treatment with Rissmiller PLLC
If you’re considering suing your employer for discrimination, an experienced employment attorney, such as Alex Rissmiller, can help you navigate this complex process. From evaluating your case to negotiating a fair settlement, Rissmiller PLLC provides compassionate and results-oriented legal support. Call or contact us online today to discuss your case and learn about your options.
- Pay discrepancies under the Equal Pay Act (EPA). Under the EPA, you can sue your employer for paying you less than other employees in similar roles based on sex.
- Discrimination and harassment under Title VII of the Civil Rights Act. Title VII prohibits discrimination and harassment in employment based on protected traits like race, gender, or religion, which can create a hostile work environment. This includes unwelcome verbal or physical conduct, threats, or inappropriate comments.
- Wrongful termination under Title VII of the Civil Rights Act. Title VII also prohibits discriminatory terminations. If you’ve been fired or laid off for discriminatory reasons, you may have grounds to sue.
Understanding the basis for your lawsuit and applicable laws is essential, as they determine the type and amount of compensation you may receive. Compensation varies based on the severity and nature of discrimination, career losses, and emotional harm experienced.
How Are Discrimination Settlement Amounts Calculated?
Several factors go into determining how much you can receive in a discrimination case. Settlement amounts are often calculated based on several factors.
Lost Wages and Benefits
If discrimination has caused you to lose your job or miss out on promotions, you might be entitled to compensation for lost income, including:
- Back pay—this is money you would have earned if the discrimination had not occurred; and
- Front pay—future wages, representing income you would likely have earned if not wrongfully terminated or forced to leave your job.
For example, a settlement might include several years’ worth of back pay, based on lost income.
Emotional Distress
Discrimination often leads to stress, anxiety, and emotional distress. Courts can award damages for emotional harm, particularly when the discrimination is severe. Medical records or statements from mental health professionals can help substantiate this type of harm. Emotional distress awards can vary widely depending on the specific facts of your case and related medical treatment you receive.
Punitive Damages
Courts can also assign punitive damages to punish employers for extreme discrimination. These damages are typically reserved for cases where the employer’s actions were particularly harmful or intentional. The potential for punitive damages can increase significant value, though they are often capped depending on the employer’s size.
Attorney Fees and Legal Costs
Legal expenses can accumulate during litigation. Some cases allow for fee recovery, ensuring attorney fees do not significantly reduce your net award.
Is It Worth Suing Your Employer?
Deciding to pursue legal action against your employer requires careful evaluation of your case’s strength and evidence available. Keep in mind:
- Strength of evidence. Cases with solid evidence (like documentation or witness statements) are more likely to lead to favorable settlements or verdicts.
- Potential compensation versus time and stress. Lawsuits can be lengthy and emotionally taxing. Weigh the potential outcome against these factors to decide if a lawsuit is worthwhile.
A knowledgeable lawyer can assess the viability of your case and may recommend alternative dispute resolution options, such as mediation, which can sometimes lead to faster results.
Suing Your Employer While Still Employed
Suing your employer while you still work there can be tricky. While anti-retaliation laws exist, some employees fear losing out on future promotions or creating workplace tension. If you’re considering this route, here are some things to think about:
- Anti-retaliation laws. Federal laws prohibit retaliation against employees who report discrimination. Your employer cannot legally demote, fire, or harass you for filing a lawsuit.
- Workplace relationships. Legal action may impact relationships with peers or supervisors. If you proceed, be prepared for potential changes in workplace dynamics.
Getting clear advice on your rights can help you proceed confidently, even while employed.
What Kind of Lawyer Do I Need to Sue an Employer?
If you’re considering a lawsuit, you may wonder, “What kind of lawyer do I need to sue an employer?” Employment law attorneys focus on such cases and understand the legal protections available. They can provide essential services, such as:
- Case evaluation—an experienced employment attorney can assess the strengths of your case and advise on your options;
- Settlement negotiation—attorneys often excel in negotiations with employers to maximize settlement offers; and
- Representation in court—if your case goes to court, having a lawyer represent you can increase the likelihood of success.
When choosing a lawyer, look for a strong background in discrimination cases and a history of positive case results. Employment law cases can be complex, making experienced representation essential.
Take the Next Step Toward Fair Treatment with Rissmiller PLLC
If you’re considering suing your employer for discrimination, an experienced employment attorney, such as Alex Rissmiller, can help you navigate this complex process. From evaluating your case to negotiating a fair settlement, Rissmiller PLLC provides compassionate and results-oriented legal support. Call or contact us online today to discuss your case and learn about your options.