Jeff Nix is a Lawyer Who Has Been Protecting the Rights of Employees for 30 years.
Calculating employment damages – what is involved? Some employment lawyers advertise that they have won or settled cases for hundreds of thousands or even millions of dollars. That may be. Well, I haven’t. I haven’t because most employment law/wrongful discharge or wrongful refusal to hire cases do not have anywhere near hundreds of thousands or millions of dollars worth of damages. Damages in the kinds of cases I specialize in are closely tied to what an employee would have earned had they not been terminated, less what they earn working elsewhere. Here is a table I have created which gives you an idea of how to compute the basic damages in your case. BY NO MEANS ARE THESE DAMAGES THE MAXIMUM YOUR CASE MIGHT BE WORTH!
These figures are an estimate of your actual out-of-pocket damages. A court can award, or an employer may offer in settlement, damages in excess of the out-of-pocket loss of income figures you have experienced. Employment law statutes certainly allow for the award of damages for emotional suffering/hurt feelings, as well as to compensate a person for the fears and general unpleasantness that go with loss of a job. But, take a minute and use this chart to give yourself an idea of the value of your case, so far.
|(a) . Monthly salary at the time of termination||____________________|
|(b). Number of months with no salary||____________________|
|(c). Total = (a) times (b) (what you would have earned)||____________________|
|Date next worked full-time:||____________________|
|(d). Monthly Salary earned||____________________|
|(e) Number of months worked at new job, to date.||____________________|
|(f) Line (e) x Line (a) (“old” salary)||____________________|
|(g) Line (e) x Line (d) (“new” salary)||____________________|
|(h) Line (f) – Line (g) “underpayment”||____________________|
|(i) Total Line (c) plus Line (h)||____________________|