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In the BLOG

Settlement may be preferred in some wrongful termination claims

In Washington, DC, employees can sue their employers for wrongful termination. If the plaintiff wins his lawsuit, a court may order the employer to give the plaintiff his job back and to pay him monetary damages. However, there is always the chance that the employee’s lawsuit will not succeed, and he will end up with nothing, except for legal bills. Moreover, it is frequently difficult to prove wrongful termination. Therefore, settlement is an option employees should consider.

Many wrongful termination lawsuits never see a courtroom. In order to win a wrongful termination case, the plaintiff must prove that he was fired for an unlawful reason, such as discrimination or retaliation for whistleblowing. In most cases, it is very difficult to prove this to a jury. Therefore, settlement may be the best option, depending on the facts of the case and the plaintiff’s resources.

Wrongful termination plaintiffs must prove damages

Valuing a wrongful termination claim can depend on a number of factors. Lost wages are an important part of damages. Lost wages is the amount of money the plaintiff would have earned if he had not been fired.

However, the employee must prove that he tried to minimize his damages. For example, the employee may have to show he applied for other jobs and applied for unemployment. Any other wages earned and unemployment benefits will be subtracted from the amount a court could award.

Lost benefits are another factor in valuing a wrongful termination claim. For example, a plaintiff frequently has to pay more for health insurance under an individual plan than he did under an employer plan. Emotional pain and suffering is also a factor in damages. An employee could get monetary damages if he can prove that his employer’s actions caused him emotional harm.

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 be helpful to obtain legal advice from an attorney about whether you should accept a settlement offer.

Contract Alan Lescht and Associates today if you believe you have been wrongfully terminated.

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