What happens if you win a Wrongful Termination Suit?

What happens if you win a Wrongful Termination Suit?

Settling results in compensation, as your employer is compelled to pay for damages from the unjust termination.

Winning at trial brings not just monetary awards but additional benefits.

An image illustrating What happens if you win a Wrongful Termination Suit
What happens if you win a Wrongful Termination Suit
Source: (mcoffmanlegal)

How long it takes to resolve a wrongful termination case

It varies, but it typically takes at least a year.

Wrongful termination occurs when you’re fired for reasons protected by employment laws, such as discrimination based on sex, race, religion, age, and more.

In the United States, employment is usually at-will, meaning employers can terminate employees for legal reasons.

However, if you’re fired for unlawful reasons, you may have a case.

The process often involves filing with the Equal Employment Opportunity Commission (EEOC), and the time it takes depends on the specifics of your situation.

While lawsuits can be time-consuming, it’s essential to address wrongful termination for your legal rights.

What happens when you succeed in a wrongful termination case?

If you reach a settlement, your employer must compensate you for the damages resulting from the unjust termination.

Winning at trial not only secures monetary damages but also obligates your employer to cover your attorney’s fees.

Many employment lawyers work on a contingency basis.

Taking a percentage (usually 33-40%) of your winnings and covering litigation costs upfront, like filing fees and deposition expenses.

If you settle or win at trial, your attorney deducts these fees and costs from your settlement.

However, a trial victory shifts the burden of attorney’s fees and costs to your former employer, thanks to fee-shifting provisions in employment statutes.

This shift significantly impacts the overall compensation you receive from an employment lawsuit.

How challenging is it to succeed in a wrongful termination lawsuit?

The difficulty largely hinges on your interpretation of success.

If winning means prevailing at trial, the odds are generally low—research suggests a success rate of only 5-25% in employment cases.

However, if your definition of winning involves obtaining financial compensation, your chances are favorable.

Over 90% of such cases reach settlements, ensuring some monetary recovery.

Considering securing compensation as a victory, your chances of winning become quite high.

While wrongful termination claims are typically viewed as complex, a skilled employment lawyer can significantly enhance your prospects of success.

An image illustration of Winning Wrongful Termination Suit
Winning Wrongful Termination Suit
Source: (CDN)

How do wrongful termination lawsuits compensate?

Typically, settlements in employment cases aren’t substantial because damages, primarily back pay, are easily calculable.

Back pay is the money lost due to discrimination or employment violations.

While there are various damages like punitive damages, emotional distress damages, lost benefits, front pay, and attorney’s fees, back pay is usually the most relevant.

Other damages are reserved for severe cases like sexual assault.

The average settlement for employment cases is often around $40,000.

While these cases may not make you rich, employers often pay to resolve them.

If you believe you were wrongfully terminated, consulting an employment lawyer, often with free consultations, is advisable.

Their services are typically free unless they recover compensation from your employer.

Conclusion on What happens if you win a Wrongful Termination Suit?

Winning a wrongful termination suit brings both financial and legal implications.

If you settle, you’ll receive compensation for the damages caused by the unjust termination.

Winning at trial not only secures monetary damages but also obligates your employer to cover your attorney’s fees.

While the process may involve complexities and time, a successful outcome can provide not only justice but also financial recovery.

Thus ensuring that your rights are upheld in the face of unlawful termination.

ALSO READ: How to File Wrongful Termination in Texas

Leave a Comment