If you’ve been subjected to harassment or discrimination in the workplace that has resulted in negative employment action being taken against you, then you’re probably looking for some accountability. A lawsuit may be able to help you get the result that you want, but you’re going to have to be through in gathering and presenting your evidence if you want to increase your chances of success.
What damages are available?
As you start to consider legal action, you may also find yourself asking about the damages that you might be able to recover. If you succeed on your claim, then you have the ability to recover multiple types of damages.
Perhaps chief amongst them is financial losses such as back pay and other expenses that you incurred as a result of losing your job or being demoted. For example, if you were fired and then had to cover your own insurance premiums, then you can make an argument that you should be compensated for those additional expenses. Costs related to additional training and education may fall into this category, too.
Pain and suffering damages, as well as punitive damages, may also be recoverable. The amount of these damages that you can recoup may be capped based on the size of your employer, but that depends on the circumstances of your case.
What about your job?
Depending on the facts of your case and your wishes, you might be able to obtain placement in the position that you would’ve had if you hadn’t been subjected to discrimination. If this happens, then the placement in the position should be retroactive to the date that you were discriminated against, which means that you should receive all corresponding pay related to any promotions or back pay. You should also be compensated for the benefits that you lost due to the discrimination.
Gathering evidence to support your damages
To prove your damages, you’ll want documentary and testimonial evidence. This means gathering and presenting evidence of your rate of pay and how long you’ve been out of your job, as well as bank statements and receipts that demonstrate your other expenses. Be as thorough as you can here, and don’t think that certain expenses are too minimal to include in your claim. It’s better to start off by claiming too much and then whittle it down to what is appropriate and justified.
As for pain and suffering damages, consider keeping a journal so that you can take note of how the harassment or discrimination as well as the adverse employment action has affected your life. Again, don’t skimp on the details, even if it’s painful to admit what you’re going through. The accounts of family and friends can be powerful here, too.
Are you ready to stand up to your employer?
We know that it can be tough to stand up to your employer or a former employer. After all, they may be represented by an aggressive legal team that makes claims that leave you in doubt as to the strength of your case.
But you don’t have to give in to those tactics. Instead, you can choose to have an ally in your corner by securing legal assistance with your employment law issues. If that’s a route that you’d like to take, then we encourage you to research your representation options and contact those firms that you feel comfortable with. Hopefully then you’ll be able to rest assured that your case is in competent hands.
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