Damages in Employment Law Cases

Seek the Full Compensation with the Help of a Los Angeles Employment Lawyer

If your rights as an employee have been violated, which led to costly and emotional repercussions, you deserve to be compensated for your losses. At Alan Burton Newman, PLC, our team of legal professionals is dedicated to fighting for employees who have been mistreated and helping ensure that their employers are held accountable.

As a lawyer for wage and hour claims in Los Angeles, Alan Newman has faced numerous corporations including Southern California Edison, General Motors Corporation, and The Walt Disney Company, successfully winning compensation for his clients' damages. You can feel confident that Attorney Newman can thoroughly evaluate your case to determine the amount of damages you deserve, and that he will aggressively fight for them.

What types of damages can I recover?

Damages fall into five categories:

  • Loss of past earning
  • Loss of future earnings
  • Emotional distress
  • Punitive damages
  • Statutory penalty

How to Determine the Amount of Damages

At the time of trial, the amount of lost earning will depend upon what steps the employee took to get another job. As to emotional distress, the issue at trial will be to what extent the employee has suffered emotional distress. The employer has the right to have its psychiatrist examine the employee. This is called an independent medical examination (IME).

Prior to the trial, Mr. Newman will have a prominent psychiatrist examine the employee for emotional distress. At the trial, both experts will testify as to their opinion. Punitive damages may be awarded by the jury when the employer's conduct was malicious and oppressive, was ratified by the employer, or by an officer or director.

In a case involving wrongful termination, damages include the loss of earnings as the employee is required to search for another job-taking a slight decrease in salary in some cases. In these cases, it must be proven that the employee made a conscious and good effort to obtain another job. Other damages include emotional distress-also known as pain and suffering. In these cases, the employer has the right to ask for an independent medical exam, which lasts half a day, to prove you are indeed emotionally distressed.

Furthermore, punitive damages may be awarded by the jury when the employer's conduct was malicious and was ratified by the corporation, or was on the part of an officer or director. In wage & hour and working condition cases, there are statutory penalties which may, in certain instances, also exceed the amount of lost wages.

Learn how to determine how much your sexual harassment case is here.

Personalized & Aggressive Representation

As each case is unique, it is always advised that you secure the counsel of an experienced employment law attorney. The damages you could be entitled to will depend on the legal theories underlying the case and the statute that was violated.

Harvard Attorney Alan Burton Newman can help determine whether it would be best to push for a settlement or whether litigation is the best option for you. He never takes a cookie-cutter approach to his clients; instead, he takes the time to listen to his client's concerns, evaluate the unique circumstances surrounding their case, and then advises them about what action they should take next.

If you want more information about whether or not you have an employment law case on your hands and how much it is worth, we encourage you to speak with a Los Angeles employment attorney. Contact Alan Burton Newman, PLC today!