Settlement may preferred in some wrongful termination claims

When an employee in Washington, D.C., believes he or she was wrongfully terminated, they may take legal action, via filing a lawsuit against their employer. However, while a successful lawsuit may allow the employee to recover compensation, such as compensatory damages and back pay, there is always the chance that the employee’s lawsuit will not succeed, meaning the employee will get nothing. Moreover, in some situations, it is hard to prove one was wrongfully terminated. Therefore, many employees in Washington, D.C., who have filed a wrongful termination lawsuit ultimately decide to settle.

In fact, many wrongful termination lawsuits never see a courtroom. Employees have to show that they were fired for an impermissible or unlawful reason, such as discrimination, being a whistleblower or reporting sexual harassment in the workplace. It is not always to prove this to a jury. Therefore, a settlement may be the most appropriate option for some employees.

Valuing a wrongful termination claim can depend on a number of factors. One is wage loss, that is, the wages lost starting from when the employee was let go until the present date.

However, these damages may need to be mitigated as much as possible by the employee. For example, the employee may have to show he or she sought different employment after being fired, and if he or she did obtain a new position or unemployment benefits, these will be subtracted from the amount of wage loss.

Another factor that may be considered when valuing a wrongful termination claim is lost benefits, such as health insurance benefits that the employee had to pay on his or her own after being fired. A third factor that may be considered when valuing a wrongful termination claim is emotional distress. These types of damages may be awarded if the employer’s actions were particularly harmful, such as in the case of discrimination or sexual harassment.

In the end, if an employee does decide to settle a wrongful termination case, it is important that the amount he or she receives in the settlement is fair. It may help for employees in such situations to seek legal help, to ensure they are not taken advantage of in any settlement offer.

Negotiating a severance package after wrongful termination

Hearing the words, “You’re fired” can be every employee’s worst nightmare. Washington, D.C., employees who are let go from their jobs may find that their emotions run the gamut from anger to sadness to fear. This is especially true when an employee has been wrongfully terminated, that is, laid off for unlawful reasons such as retaliation, sexual harassment or illegal discrimination.

When an employee has been wrongfully terminated, he or she may want to take legal action against his or her employer. However, in some cases it may be possible for employees to negotiate a severance package in lieu of litigation. An attorney can advise individuals in these situations about whether a severance package or litigation makes the most sense in their case.

There are some strategies that can be employed when negotiating a severance package. For example, there is no need to rush into an offer. Take time to keep your emotions in check and think about the offer before agreeing to it. There is no need to take the very first offer you are presented with. Staying on the payroll for as long as you can may be beneficial. In addition, one can ask for the offer to be placed in writing. Moreover, in addition to severance pay, one can negotiate that one’s medical insurance benefits be extended.

Although it is a very stressful situation to be in, employees who have been wrongfully terminated do have options that they may want to discuss with an attorney. With the right help, individuals can determine whether they can pursue a legal claim or negotiate a severance package. There may be other options available to them as well that an attorney can help explain.