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.
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