{"id":357810,"date":"2016-04-04T10:45:29","date_gmt":"2016-04-04T15:45:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/losing-a-job\/wrongful-termination-settlements-what-can-i-expect.html"},"modified":"2023-12-27T10:48:11","modified_gmt":"2023-12-27T15:48:11","slug":"wrongful-termination-settlements-what-can-i-expect","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/losing-a-job\/wrongful-termination-settlements-what-can-i-expect.html","title":{"rendered":"Wrongful Termination Settlements: What Can I Expect?"},"content":{"rendered":"\n
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Wrongful Termination Settlements: What Can I Expect?<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

When a company fires a worker unlawfully, the employee can sue them for damages. Most wrongful termination cases involve a claim for back pay, compensatory damages, and other expenses. Often, both parties settle on an amount instead of going to court.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Sometimes, an employee files a wrongful termination lawsuit because they want their job back. It all depends on the facts of the case. If the employer’s behavior is extreme, the employee can even demand punitive damages. But a judge rarely awards punitive damages in a wrongful termination case.<\/p>\r\n

Wrongful termination claims<\/a> allege that a company fired an employee violating state or federal law. Sometimes, the employee may argue that their employer breached their employment contract.<\/p>\r\n

Wrongful termination claims can be challenging to prove, so many claims settle out of court. The value of your wrongful termination settlement depends on several factors that vary from case to case. You can better understand the factors in your case by speaking with an attorney<\/a>.<\/p>\r\n

Why Wrongful Termination Settlements Are Common<\/h2>\r\n

Most wrongful termination claims don’t reach a courtroom. Many settle<\/a> before they go to trial. According to the American Bar Association<\/a>, more than 95% of all civil lawsuits settle out of court. This is because an out-of-court settlement is often the best option for both parties due to the unpredictable nature of jury trials<\/a>.<\/p>\r\n

One of the major obstacles at trial for the terminated employee is proving that the employer fired them for illegal reasons. For example, they must show that their company fired them because of race, gender, whistleblowing, or reporting harassment.<\/p>\r\n

When the employee alleges whistleblowing<\/a> or discrimination, the employer usually responds with evidence of supposedly valid reasons for the firing, such as poor performance or attendance problems.<\/p>\r\n

Employers often have good reasons to settle as well. Even when employers successfully defend firing someone, wrongful termination<\/a> trials can reveal potentially damaging information about a company. These lawsuits can also have a domino effect. Not only that, trials take time and are expensive.<\/p>\r\n

How Wrongful Termination Claims Are Valued<\/h2>\r\n

Most people file an employment lawsuit primarily because they want damages. Some want their job back by asking for reinstatement. But few people want to work for a company with unfair employment practices. Usually, the goal is to get fair compensation for the negative effects of the termination.<\/p>\r\n

What Affects the Award or Settlement Amount?<\/h3>\r\n

The monetary value of your wrongful termination claim<\/a> depends on several factors. Factors impacting the amount of compensation you receive include the following:<\/p>\r\n