People who have been the victim of workplace discrimination or harassment might wonder how much they might expect to recover if they file lawsuits against their employers. While some cases do proceed to trial, a majority are settled outside of the court process. If you have been the victim of discrimination or harassment at your job, the attorneys at Swartz Swidler might value your claim and advise you of the amount that you might expect to recover.
If you were fired from your job illegally, you may recover the salary and benefits that you would have received if you were not fired. It is important for you to understand that you are expected to have tried to mitigate your damages by trying to find a new job. If you haven’t attempted to do so, your claim’s value may be significantly reduced.
Emotional distress damages
In some cases, workers are able to successfully sue for the emotional stress that their employers’ conduct has caused them. In order to prove that you have suffered emotional harm, you will likely need to have a mental health professional testify on your behalf. You will not need to have been diagnosed with a condition such as anxiety or depression. It is possible to recover damages for the type of stress that people experience when they are terminated from their jobs.
Are you in a position to file a lawsuit?
An employment lawyer at Swartz Swidler may discuss several things with you in order to determine whether or not you are in a position to file a lawsuit against your employer. Your lawyer will explain that lawsuits are very long and sometimes take years before they reach settlements. Employers often defend against lawsuits aggressively and are slow to settle because of concerns that other workers will also file lawsuits.
Your attorney might also explain that your former employer may attack your reputation. In order to defend against claims of discrimination, some employers claim that they had other reasons to fire their employees. To make these claims, they may try to prove that you were a poor employee.
You will need to evaluate the strengths and weaknesses of your claim. Then, you will need to work together with your attorney to determine what a reasonable demand for settlement should be. Finally, you will need to decide whether or not you are willing to go through the lengthy process so that you can potentially recover compensation and hold your employer accountable.
How strong is your claim?
Your attorney will also evaluate the strength of your claim when determining its value. If it is not a strong case, the attorneys at Swartz Swidler will provide you with an honest assessment.
The attorneys at Swartz Swidler are focused on employment law and work hard to help their clients who have suffered from illegal discrimination. If you believe that your employer has discriminated against you, contact us today to schedule your consultation.