What are “Damages” in a California Employment Law Case?

When you go to work for your employer in California, there are several protections you have under the law. Whether it be illegal discrimination because of your race, age, gender, or disability or your employer failing to pay you properly, there are avenues you can take to make things right. The ultimate goal of an employment case in California is to recover damages.

Experienced California Employment Lawyers Can Help You

Damages, at least in a California employment law case, revolve around the economic and non-economic impact your employer’s actions have on you. When they violate your legal rights in the workplace, our team of experienced California employment lawyers can help you hold them accountable Attorney Martin Gasparian and Maison Law proudly stand up for victims of any workplace violation by advocating for what is legally owed to them. Our team will explain the full range of legal options you have under the law, and provide you with a roadmap of how you can recover compensation. To schedule your free initial case evaluation with our office, contact us today.

What Damages Are Available in a California Employment Law Case?

Having your legal rights violated in the workplace provides you with the opportunity to recover compensation from your employer in the form of damages. In an employment law case, damages are grouped into two categories: economic and non-economic.

Economic

Economic damages, as the name suggests, refer to the actual financial impact your case will have on you. There are a number of different types of economic damages, and depending on the type of claim you have, a combination of these damages could be awarded to you. Generally, though, the three most common are:

• Lost wages and benefits – This is the most commonly awarded type of economic damages in an employment law case. Usually, an economic expert will compute your lost wages based on what you would have earned had you kept working under normal conditions. However, the full amount is ultimately determined by the court or a jury, should your case go to trial.
• Back pay – Back pay is very similar to lost wages, but are calculated based on work you completed, but was not paid for. This can include wages like unpaid overtime or bonuses.
• Liquidated damages – These include the prior two sums of lost wages and back pay, plus any interest on those sums. These are commonly awarded if it is determined that your employer willingly and knowingly violated the law.

Non-Economic

Non-economic damages are much harder to quantify, as they deal with the emotional toll your treatment has had on you. Because they are so dependent on the facts of your case and how it has impacted you individually, are the intangible, non-monetary damages that have no set method of calculation.

• Mental anguish – Mental anguish damages relate to how your case has affected you mentally. It’s quite common for employment cases to either cause or trigger post traumatic stress disorder, as well as a host of other mental issues.
• Emotional distress – Much like the mental toll your employer’s actions have on you, the emotional distress of having your rights violated is another key marker for damages in an employment case. Seeking treatment with a mental health counselor can not only help you navigate a difficult situation, but they can provide expert knowledge into how the case has affected you emotionally. Then, these damages can be presented for compensation.
• Loss of dignity or enjoyment of life – Another key non-economic damage is the loss of dignity or enjoyment of life. Often, losing your job, especially for illegal reasons, not only robs you of your income, but of your purpose in life. These damages can also be shown to a jury to demonstrate just how much your employer’s illegal actions have taken from you

It’s important to understand that every case is different, so your damages won’t necessarily be the same when compared to other employment cases. Still, one thing remains the same throughout any employment case; the legal mechanism for recovering them.

How Can I Recover Damages in a California Employment Law Case?

The starting point of any claim for damages is determining whether or not you actually have a case.  In order for a case to be viable, there are two elements that must be established:

• Being protected under the law
• The employer taking actions that break the law

With those two elements established, you most likely have a viable employment case. From there, recovering damages rests on the bringing of a successful lawsuit against your employer. Our team of experienced California employment lawyers not only have a wealth of knowledge regarding California law, but how to best apply it to your case so that you can hopefully achieve maximum compensation. Again, because every case is different, the amount of damages you can receive depends on the facts of your case. Still, our lawyers can provide you a roadmap of how your case will unfold.

California Employment Lawsuit Process

The official starting point of your case is to file a civil lawsuit. A key factor in any lawsuit is the “statute of limitations”, which is a legally mandated time frame in which you can file your lawsuit. In California, statutes of limitations for employment law claims can range from two to four years from the date of the unlawful action, depending on the type of claim. Even with your complaint being filed, the lawsuit process requires a great deal of patience and fortitude. This is because the litigation phase of your case-where information and evidence is slowly discovered and presented-can take years. Most likely, though, your case will progress much quicker. As more and more evidence is obtained through the discovery process, your case will inevitably inch toward resolution. What this means is the actual recovery of the damages you sought with the filing of your lawsuit. Most of the time, cases resolve either through mediation or by going to trial. Mediation involves both sides formally meeting and presenting all of the evidence obtained up to that point of your case to a mediator, who is another attorney that is trained to conduct such proceedings. If your case doesn’t settle at mediation, it will very likely go to trial. It’s important to understand that every lawsuit is a gamble, no matter how well the facts of your case may seem. Going to trial is an even bigger gamble, as your case is presented to six random jurors. Still, with the right team by your side, your case will be presented in the most persuasive manner possible.

Work With Skilled and Experienced California Employment Lawyers

Recovering compensation for damages in a California employment case certainly isn’t easy. And while it takes courage to stand up to your employer, the potential rewards for bringing a successful lawsuit against your employer can be well worth the risk. While monetary compensation is always nice, the scrutiny that a lawsuit brings on your employer for their illegal actions is much more forceful, and will hopefully compel them to make changes to their policies. If you would like to begin the process of filing a lawsuit against your employer, contact us today for a free consultation.