Average Settlements for Out of Court
Wrongful termination is one of the most common causes of workplace accidents and injuries. It is often difficult, if not impossible to prove that the employer was aware of the employee’s disability or condition and did nothing to prevent harm. This means that if an employee suffers an accident at work, the first step in filing a claim is with the doctor, to get medical reports, tests and documentation about the injury. If the doctor determines that there is a physical problem, the employee may also file a wrongful termination claim, together with the doctor’s statements and medical records.
Settlements for disability and wrongful termination cases The average settlement for out of court settlements is approximately 40,000. Approximately 10% of all wrongful termination and disability cases will receive a large monetary settlement. Average settlements are usually much smaller when there are more injuries or instances of chronic abuse or negligence at the work place. Many claims will settle out of court, but there are also many instances where claims go to trial. In these instances, the insurance companies fight back vigorously to try to get the cases dismissed.
Firing a Legally Disqualified Employee
An employee can be legally terminated for many reasons. A person could be fired because of their disability or health, they could be fired due to illegal reason, they could be terminated due to repeated offenses of sexual harassment, or because of other illegal reasons. In any case, an employee who feels that they have been unfairly terminated should not quit their job without first taking proper action through a lawyer. Any wages that the employee receives, as a result of the disciplinary action taken against them, should be submitted to the lawyer for use in litigation. Also, any benefits awarded to an employee during or after their employment should be submitted to the lawyer.
Attorney Fees and Surplus are another area for filing a lawsuit. If an employer is found guilty of unlawful discrimination, there could be additional litigation expenses. In some cases, there are employers who resort to this practice to get out of paying benefits to employees who have sued them.
Average Wrongful Termination Cases
Retaliation Claims There are also different types of claims that could lead to lawsuits of retaliation. Retaliatory actions, such as intimidating physical or verbal acts against an employee, can lead to excessive compensation awards. There are even employees who can be retaliated against for not reporting a sexual harassing or discriminatory act by their employer. Any claims of retaliation must always be brought to the attention of an experienced employment lawyer.
Average wrongful termination claims result in relatively small payouts when compared to the huge monetary settlement received in cases of intentional discrimination or retaliation. The majority of claims resolved by the courts result in the employee receiving a small amount of money. If you suffer from any type of harassment at work, you may also wish to pursue a case of discrimination or retaliation. This type of case could potentially award you much larger sums of settlement money. You should ensure that you are well represented by an experienced attorney. An experienced attorney will be able to assess your case, your rights under the Fair Labor Standards Act, and your employer’s potential defenses.