Our top-notch employment lawyers at The Crone Law Firm are committed to seek the highest possible compensation for employees who have been unjustly fired from their jobs.
Workers involved in employment cases have the right to receive compensation. This means that the goal of an employment lawsuit is to fully compensate you, both financially and in other aspects, according to what you would have received if the discrimination had not taken place.
The monetary compensation offered in an employment lawsuit can vary considerably depending on several factors. This includes considerations such as how serious is the illegal behavior, the extent of your financial losses due to this behavior, the nature and credibility of the evidence presented, and the history of discriminatory actions by the company. Additional factors that can affect the case value include legislation that limits the maximum amount of compensation that can be granted and your obligation to minimize your losses by actively searching for similar work.
Employment legal cases typically involve four types of damages that may result in a compensation:
- Monetary losses caused by economic factors.
- Compensatory damages, which are paid to the worker to compensate them for the losses or harm they have suffered.
- Exemplary damages, which are other damages awarded as extras.
- Legal fees and costs due to the attorney defending the worker.
1. Economic Damages – Compensation for lost wages (back pay) and future lost wages (front pay).
Back pay is at the core of compensation in employment cases. Back pay consists of the salary you have lost and any expenses you have suffered as a result of losing your employer-provided benefits, such as medical charges and COBRA fees.
To emplain how back pay is calculated, consider a scenario where you were terminated and your weekly earnings before taxes were $600. It has been 10 weeks since your layoff. In addition, you have paid for a total of two physical therapy appointments, with each session costing $350. Given that you have not earned any income since your termination, your back pay in this scenario would amount to $6,700. This calculation is based on multiplying $600 by 10 weeks and adding $700 for medical expenditures. If you receive income from a recent employment, it will be deducted from the total amount of back pay.
Front pay, also known as future economic damages, refers to the other aspect of the negative financial consequences. Front pay is intended to provide compensation to a worker for the future consequences of being wrongfully fired, especially when it is not possible for them to return to their previous employment.
Front pay may be granted in situations where: (i) there are no open positions; (ii) a future working relationship between the parties would be hostile; or (iii) the employer has a history of persistent disregard to anti-discrimination initiatives.
When determining front pay, courts consider various factors, such as: (i) the worker’s age, (ii) the time it would take for the worker to find a comparable position, (iii) the worker’s time of employment with the defendant, and (iv) the duration of employment for other employees in similar positions in the company.
If you believe that you have been unfairly fired from your job, reach out to our team of expert employment attorneys for a free online evaluation of your case. You can find us at (901) 737-7740 or using our contact form.
2. Compensatory Damages
Compensatory damages aim to make up for the emotional distress and physical agony caused by an unfair lay off. To establish how much the worker is due, witnesses need to testify about the pain and distress the worker suffered. Typically, the more compensation you ask for, the more evidence you need to provide, such as an expert statement from a doctor or therapist. It is important to inform your lawyer if you have had to seek treatment for psychological conditions such as anxiety and depression resulting from unfair treatment. As mentioned before, there are instances where there is a maximum limit for compensatory damages defined by law.
3. Compensation is offered to punish the company for their wrongdoing.
More compensation can be awarded in circumstances where there is intentional discrimination or when the employer’s actions are deliberate or harmful. These damages target the employer at fault and discourage other companies from engaging in these behaviors in the future. These damages are limited by a maximum value defined by the employer’s size, with a maximum combined total of $300,000. However, it should be noted that for claims based on race, under 42 U.S.C. § 1981, there is no limit to the amount of compensation.
4. Compensation for legal services and related costs
According to employment law, there are cases in which the employee can have their attorney’s costs and expenses paid for by the employer. In this instance, the value paid can go over one hundred thousand dollars. This increases your chances of a higher compensation value.
Limits for Compensation in Tennessee Employment Case Values
There are limits to the amounts of compensatory and punitive damages paid in employment law cases. These are called damage caps. There are maximum values for the amount of damages that can be provided under several federal and state employment regulations, including:
- The Civil Rights Act of 1964 (includes Title VII)
- The Americans with Disabilities Act of 1990
- The Tennessee Human Rights Act
- Tennessee Disability Act
- The Tennessee Public Protection Act
A. Federal Caps
According to federal law, there are limits to compensatory and punitive damages, based on the size of the employer. These are the federal caps in place at the moment:
- There are 15 to 100 employees with a salary of $50,000.
- Our company has a workforce of 101-200 individuals and generates a revenue of $100,000.
- Our company has a workforce of 201-500 individuals, with an annual revenue of $200,000.
- Companies with 501 or more employees are required to pay $300,000.
Tennessee State Law Caps
Tennessee state law limits compensatory damages according to the employer’s size as explained below:
- There are 8-14 employees, and their total salary is $25,000.
- There are 15-100 employees in the company, and the average salary is $50,000.
- Our company has a workforce of 101-200 individuals, with an annual revenue of $100,000.
- 201-500 employees with a revenue of $200,000
- 501 or more employees (with a minimum annual revenue of $300,000)
If you suspect that you have been unfairly laid off from your job, please reach out to our team of employment attorneys on. (901) 737-7740. We offer a free online evaluation of your case.