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Compensatory Damage Questions 

People who are faced with cases that involve compensatory damages undoubtedly have questions throughout the whole process. Any type of legal issue can be a scary experience when not armed with the right information. Read below where Experts have answered many questions regarding Compensatory Damage.

What are compensatory damages?

Compensatory damages also known as actual damages are paid to compensate a person who files a claim of personal loss or medical injury suffered as a result of another person’s breach of duty. Compensatory damages are what the claimant would have actually been awarded if they did not have a personal loss or any type of harm or damage suffered as a result of this breach of duty. Compensatory damages would include medical expenses, wage loss, repair, or replacement value.

What is the average amount received for compensatory damages for retaliation and hostile work environment?

There is not a minimum or maximum compensatory damage amount.  Compensatory damages are based on the actual loss/damages. In most cases of a hostile work environment the plaintiff would no longer be working at that place when they file a claim. So the compensatory damages would be based on the gross wages lost. The court or agency will then decide for how long the plaintiff should receive this amount. The damage amount is determined on a case by case basis and is subject to specific details of the case.

How is past/future compensatory damages awarded for a federal discrimination case based on discrimination of physical disability and race?

Compensatory damages are awarded to the claimant for loss, injury, or harm caused by the breach of duty. When discrimination is discovered, the purpose of the law is to place the victim in the exact position as if the discrimination never occurred and then to possibly award money as a solution. Compensatory damages can be awarded for losses or suffering inflicted due to the discriminatory act of conduct.

 See Carey v. Piphus U.S. 247,254 (1978)): This reasoned that the purpose of damages is to “compensate persons for injuries caused by the deprivation of constitutional rights." Compensatory damages "may be had for any proximate consequences which can be established with requisite certainty," and include damages for past pecuniary loss (out-of-pocket loss), future pecuniary loss, and nonpecuniary loss (emotional harm/pain and suffering).

If someone was awarded a settlement for a compensatory damage is taxes owed?

Any settlement for compensatory damages that is based on lost wages would be subject to taxation. Individuals would typically have to pay the taxes on the money just like it was a regular paycheck. The employer or insurer will insist on getting a portion of the amount for the state and federal taxes. You would only have to pay taxes on the amount from the settlement that was actually the compensatory damages amount. The other amounts such as attorney’s fees and emotional distress that might have been awarded are not taxable to the individual.

If the Equal Employment Opportunity Commission finds that a company violated the Americans with Disabilities Act in a wrongful termination case what would be a fair amount to ask for compensatory damages?

In most instances that the EEOC discovers discrimination the individual would have actual compensatory damages. This would be the loss of money out of pocket as a result of the discrimination. In some cases an individual may have out of pocket expenses due to the discrimination that they will have to pay in the future. These are labeled as actual future compensatory damages. An actual amount to ask for regarding compensatory damages will be based on loss of current and future wages, current and future medical bills for treatment resulting for the discrimination, and for the non- pecuniary compensatory damages, which is at maximum $300,000.

Knowing the right facts and having a good understanding of compensatory damages can help when faced with questions about compensatory damages. Experts can help answer questions about compensatory damages fast and affordable in the comfort of your own home.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8063
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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Recent Compensatory Damages Questions

  • I work cvs im a store manager. My boss is transferring me to

    I work cvs im a store manager. My boss is transferring me to another store due to stress and health issues I have niether and he also telling other employees with the district about my health. Is this discrimination and should I get a lawyer?? Im located in California
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    I just mediated my ADEA, retaliation, gender and wage claim. I will be signing the severance agreement. Both parties have agreed to the mediators proposal. I have filed an EEOC charge, however, the employer has yet to receive a copy. I chose to mediate this early as I am on FMLA and neither myself, nor the company want me to return to the business because of the position I hold. My question is, in Texas, can I still proceed with a punitive EEOC charge? I am getting conflicting advice.
  • I am in a healthcare field, and I am currently working for

    I am in a healthcare field, and I am currently working for a private nonprofit community agency in TN, which is a right to work state.

    I recently received a substandard probationary period review 65 days after my initial 90 days of employment. It was a shock, because I have emails documenting their satisfaction with my work and I received a productivity bonus for being a top performer a month earlier. My supervisor was made very personal derogatory comments during the hour long review (he called me "odd" and accused me of being dismissive of his directives, even though I have many emails from him that document compliance with what he asked me to do. He used hearsay from other employees to discredit me. He took comments I had made out of context to make me look difficult to work with. In the end he criticized me for taking an hour of his time to deliver a four page, small print, detailed diatribe against my professional abilities when he told me he only wanted to spend 15 minutes on this process.

    I was devastated to the point that I had to leave the workplace and could not focus on meeting the needs of my patients.

    I called the personnel office and the VP of personnel basically told me that he had seen his review and felt like it had constructive comments and concrete details in it. She further made me aware of a grievance policy and the fact that I had a right to file one if I chose. She directed me to tell my supervisor in writing that I refused to sign the review. I complied with her directive, wrote an email with a CC to my supervisor, his supervisor, the VP of personnel and the COO that stated she had made me aware of this process and that I was notifying the agency I refused to sign my review.

    A day later, I received an email form supervisor's supervisor, stating that he had received my grievance appeal and he agreed with my supervisor's evaluation of me. The problem was that I hadn't filed a grievance. I documented this information very clearly.

    The next day, my supervisor's supervisor sent out a blanket email stating that because of troubles in another location, staff was supposed to destroy all information regarding patients on their cell phones in accordance with HIPPA requirements. I am an employee who lives in another town, and many of my patients have my cell phone number, which I use in my private practice. I have long understand the importance of destroying patient information on unsecure mediums, so I wrote back an email that confirmed that I checked my cell phone and destroyed any patient information from the agency that might be on the phone in an effort to show that I complied with his directive.

    He wrote me back an email demanding to confiscate my cell phone when I arrived at the clinic, stating that he had had discussions with the company compliance director and that company policy dictated his right to confiscate my property.

    I cannot quit because I have a federal contract who placed me in this agency. I am also aware they are looking for reasons to get rid of me, largely because the supervisor's supervisor made a promise to me that he was not allowed to execute because other medical staff members set up swift resistance and corporate axed his ability to produce what he promised.

    BUt, I am not sure he has a legal right to my cell phone. Moreover, I know he does not have any business having access to any of my private practice information or my personal life.

    Can you give me some steerage on this issue?
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