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EMJ1219
EMJ1219, Senior HR Professional
Category: Employment Law
Satisfied Customers: 10760
Experience:  GPHR Cert SHRM; Military based 20yr exp + 7yr corp HR compliance, COBRA & FMLA certificate
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In determining a settlement for wrongful termination, can

Resolved Question:

In determining a settlement for wrongful termination, can issues of harrassment on the job, failure of the employer to address reported safety issues at work resulting in work injuries and orders sby supervisors to not document concerns and issues add to penalties/awards in a case? Are there award limits to wrongful termination?
Submitted: 10 years ago.
Category: Employment Law
Expert:  EMJ1219 replied 10 years ago.

Dear leosmom,

Thanks for asking me to answer your questions about wrongful discharge.

I am asking myself right now why you are meeting with your employer?

Has a law suit been filed?

Is this a union represetation case?

Is this an order by the court for arbitration?

Customer: replied 10 years ago.
I filed a wrongful termination complaint with my employer in June, 2007. I had spoken with a lawyer who told me that in filing my complaint, I needed to document a monitary judgment that I request. I meet with the attorney to discuss my request.
Customer: replied 10 years ago.
I must leave, or I'll be late. I'll check on my return. Thanks for your help!!
Expert:  EMJ1219 replied 10 years ago.

Dear leosmom,

All of those factors you describe will affect the amount of the judgment. I just have a problem of stating a dollar amount to an employer as that will limit your ability to being able to collect more later on, if you are entitled. You do not want to low ball your self.

Here is one settlement for a wrongful discharge:

  • $750,000.00 SETTLEMENT, racial employment harassment of an African American female by the manager of major transportation company, resulting in wrongful discharge. Names confidential as condition of settlement. Trial Lawyer: Christopher B. Dolan.

Other things to be considered are:

1. what would the charges have been if the hazardous conditions were reported to OSHA.

2. The extent to which management caused the conditions

3. this is a case of harassment and work related injury and so you have:

  • Pain and suffering for the injuries now and into the future
  • medical expenses and accommodation to your daily routine and house, clothing equipment, and modification of life style for a life time if you get permanence.
  • Punitive damages.

In my once over lightly perspective, you would not be out of line by asking for at least 2 million up front. But you and your attorney need to work this out based on the local conditions and facts in your case. Ask your attorney about this in this way.

"I know that courts and attorneys do not like to think of these kind of things in this way. But, this kind of case should have a value to it, that we can expect to receive, if this goes to jury. So what would the average settlement be for this kind or similar a case in (los angles county court)?

using this method of interacting with our local attorneys has netted my clients who I refer, at last twice the average out of court settlement but half to 2/3ds of the average jury settlement. This means that out of court settlements in Burlington county New jersey, tend to be low ball settlements. I.e. My last client was offered a 65,000 dollar settlement for a slip and fall injury while jury settlements averaged 185 to 250,000 for that same type of injury. My client, using the negotiation premise that i proposed, ended up settling for 135,000 (10,000 more than the arbitration recommendation), and twice the settlement offered by the insurance company.

Do not low ball yourself with the employer. Even if it sounds ridiculous, give yourself room to negotiate. Go high and be serious. AND, clear your figures with the attorney before you go to the employer.

Lets see: harassment, endangering my life and limb and that of my peers, and causing damage to my body that i have to live and pay for, for the rest of my life. Everyday being reminded by the pain of what happened. The intimidation and fear of what future employer may discover, and the increase with age of the pain (arthritis, etc caused by injury increases with age), possibly causing me to be handicapped later on....That has to worth at leas 3 million, no...may be 5 million, because my earning capacity is also affected. Get my drift?

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