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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15868
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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What can I reasonable ask for if I won an employment discrimination

Customer Question

What can I reasonable ask for if I won an employment discrimination case. I suffered a financial loss, credit ruined (late payments and excessive use of credit just to survive). I had to withdraw my pension and 401k. I suffered with depression during my pregnancy and three weeks after giving birth I got fired, which caused me to go into major depression. Before I got fired I was still attending school to obtain my MBA, which the job was paying for. After I got fired, obviously, the payment of school stopped. I am still enrolled in the program and have only one class left. i want my settlement to include my financial hardship (what can I ask for?), emotional distress, back pay up until the day I found my new job, payment for the remainder of my school for which they did not pay when I got fired, and repayment of my 401k and pension. Does this sound fair? Is there anything else I should be asking for? Please provide some guidance, thanks.
Submitted: 9 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 9 months ago.

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

Customer:

Hello

wallstreetfighter :

The damages a court can award depend on the type of claim. Damages include all of the financial and emotional losses a person suffers as the result of an employment dispute. The purpose of a damages award is generally to put the individual back into the same place she would have been had she not lost her job. In most state and federal discrimination cases, the employee is entitled to receive the following types of damages: back pay; front pay; lost benefits such as health, vacation, sick leave, and pension; reinstatement; compensatory and punitive damages.Back pay and benefits are among the types of damages most typically awarded in successful employment cases. Back pay includes all of the wages, salary, bonuses, commissions, and benefits lost because of an unlawful dismissal or discrimination, minus any amount the employee was able to earn in the interim.If a court believes that reinstatement is not appropriate given the circumstances, it generally awards "front pay," which is the amount of compensation and benefits the court views necessary to make up for the difference in pay that the employee would have earned in the future. The amount of front pay depends on how long the court finds it will take the employee to return to the same level of pay that he had when he was terminated. Front pay includes all lost benefits, just as back pay does

wallstreetfighter :

The purpose behind compensatory money damages is that they are intended to make you "whole." Compensatory damages are also called actual damages. In employment cases, they refer to the damages that are harder to measure, such as the following:



  • Emotional distress

  • Pain and suffering (such as grief, fright, anxiety, humiliation, and depression)

  • Permanent disability

  • Mental impairment

  • Medical bills

wallstreetfighter :

Punitive damages are damages awarded in cases of malicious wrongdoing to punish or deter the wrongdoer or deter others from behaving similarly

wallstreetfighter :

Emotional distress, pain and suffering etc., is possible in claims like yours,

wallstreetfighter :

however it would have to be proven which in certain cases can be difficult,

wallstreetfighter :

In cases under the federal Age Discrimination in Employment Act (ADEA) and the Equal Pay Act, individuals who win their cases and can prove that the discrimination was "willful" can get liquidated damages, which is double the back pay award. Employees alleging retaliation under the ADEA can also get compensatory damages.

Customer:

Bare with me, I am reading the information provided.

wallstreetfighter :

Since you were pregnant at the time,

wallstreetfighter :

and if that was the discrimination you alleged,

wallstreetfighter :

I would ask for compensatory damage, with the lost pay and if the employer is a large employer,

Customer:

That was the discrimination

wallstreetfighter :

consider asking for punitive damages as well,

Customer:

Large employer

wallstreetfighter :

which is damages aimed at punishing the employer for his actions,

wallstreetfighter :

In employment discrimination cases brought under the federal antidiscrimination law, Title VII, the compensatory and punitive damages (but not back pay) that a jury could award to plaintiffs for discrimination are capped. If the employer has



  • 15-100 employees, the cap is $50,000

  • 101-200 employees, the cap is $100,000

  • 201-500 employees, the cap is $200,000

  • 500 employees and up, the cap is $300,000

Customer:

The employer told me "it's your responsibility to find a job."

Customer:

And seriously made it my responsibility.

Customer:

This would not be federal

Customer:

It was in the District of Columbia.

Customer:

The company was negligent about the laws of DC

Customer:

They did not know DC laws were different from federal laws

wallstreetfighter :

in terms of damages, you should ask for back pay, and all the expenses you had to face due to the termination,

wallstreetfighter :

because it is a large employer compensatory damages as defined above should also be asked for.

Customer:

I also got denied a promotion because of my pregnancy

Customer:

I am going through the District of Columbia Human Rights Office. I believe the company can deny my settlement offer, if so, what is the next step?

wallstreetfighter :

You would have a hearing,

wallstreetfighter :

and you can then bring a formal lawsuit for discrimination,

Customer:

I am just trying to figure out how drawn out this will be

wallstreetfighter :

also it may be possible to still file a Federal discrimination case as well,

Customer:

Can they appeal the decision?

wallstreetfighter :

as what you outlined is discrimination

wallstreetfighter :

they can appeal,

Customer:

ok

Customer:

lol

Customer:

so I have about a year to go

Customer:

lol

Customer:

*another

wallstreetfighter :

I would start looking for a local employment attorney at this point to prepare

wallstreetfighter :

for a trial, or to force them to settle with you

Customer:

Even if the DC office of human rights is handling the case?

Customer:

I got my senator involved. Is that a good thing?

wallstreetfighter :

yes, you can have an attorney try to settle with them

wallstreetfighter :

yes, it is a good thing

Customer:

I can ask for front pay even though I now have a job, very recent.

wallstreetfighter :

it would be possible,

Customer:

I know I have asked this question before, but I need to ask again. This is the reason I got my senator involved.

wallstreetfighter :

yes

Customer:

My contract company worked for the federal gov. I was on the contract. The government initiated the discrimination, but my job did nothing to stop it and aided and abetted and tried to cover up the discrimination. The government is not my employer, but they should not be immune from discrimination because I am not their employer. They should have some accountability. Is there anyway to reprimand them too?

wallstreetfighter :

that would be difficult, as they were not your direct employer,

wallstreetfighter :

however you may have a private lawsuit against them, if it can be shown they try to harm you employment

Customer:

But isnt discrimination illegal for EVERYONE?

wallstreetfighter :

no,

wallstreetfighter :

it is legally prohibited against employers,

wallstreetfighter :

if you were a contractor for example discrimination is not protected,

wallstreetfighter :

the employer would be liable,

Customer:

So how will contractors protect their employers from discrimination against clients without fear of losing a contract?

Customer:

I am sure that is why they tried to cover it up

Customer:

They would rather get rid of little old me than lose millions

wallstreetfighter :

it is difficult, however the law puts the burden on employers, not to discriminate against employees,

wallstreetfighter :

The law is written in a way that only employees can sue for discrimination against employers not contractors or clients

Customer:

So if an outside party discriminates (gov client), it all falls on the employer?

wallstreetfighter :

yes,

Customer:

So, they were responsible for correcting the problem with the government?

wallstreetfighter :

yes,

Customer:

Ok, that is all I have. Thank you so much. You have been so helpful. Thanks again.

wallstreetfighter :

Good luck, and if satisfied with our service please provide us with positive feedback, thank you.

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15868
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 12 other Employment Law Specialists are ready to help you

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