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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39178
Experience:  Retired (mostly)
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How should I calculate how much to ask for in my pregnancy

Customer Question

How should I calculate how much to ask for in my pregnancy discrimination case?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  socrateaser replied 6 years ago.
Make a log of each day since the date of discrimination, listing on a scale of 1 to 10 (10 being worst), the amount of emotional or physical pain you have suffered as a consequence of the discrimination. Make a note for each day describing the nature of the pay (why you suffered pain, what were the circumstances, etc.).

Take your daily salary/wages and multiply it times the number on the scale for each day. Add up all of the amounts.

Make another log for the same time period listing any actual damages you suffered (lost wages, medical costs, etc.).

Add the total of the second log to the total of the first log. This are your compensatory damages.

Multiply the above amount by 3. These are your punitive damages.

Add the two totals together. This is your total damages.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 6 years ago.
My case is currently being investigated by the Department of Fair Employment & Housing. They are requesting a breakdown of specific requests for monetary compensation. They want this within 7days. In the brochure they sent me it says the damages are limited to $150,000. I don't know how to calculate the numbers you gave me that quickly. My 7 days is up in 2 days. I don't know what to reply to their request. I took a major pay cut at my new job. Was under constant stress during my pregnancy because of this. Now I have to switch medical coverage and had to pay out of pocket for temporary coverage during pregnancy. Should I just put the maximum of $150,000?
Expert:  socrateaser replied 6 years ago.
If DFEH wants a breakdown, then providing a single number won't be very useful. On the other hand, If you don't respond at all, DFEH won't have anything to use to help get you a settlement.

If you want the maximum possible award, you need facts to support them. The logs can give DFEH the necessary evidence it needs to get you the maximum award.

The less you provide, the less the investigator has to work with. So, think about trying to create the logs, because even if you have to work on it for the next two days and then have it couriered by hand to DFEH, it may be worth doing in the end.

I can't give you a "fallback" position, because in my opinion, there is no fallback. You need to come up with evidence or you won't get a reasonable award. It's just that simple.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!