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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5732
Experience:  Exclusively practice labor and employment law.
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My employer has offered job back with back pay. However they

Customer Question

My employer has offered job back with back pay. However they want to subtract earnings I had working part time after termination. Also I'm asking for damages to make me whole. They only want pay the loss wages. Can I get damages
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: This Chicago, Illinois. TSA is the employer
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time non union. Not at will. I was a Supervisor
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Employment Law
Expert:  John replied 1 month ago.

To answer this you must first understand the entire premise of the discrimination statutes is to make the discriminatee "whole" for the discrimination he or she has suffered. This would include back-pay and benefits, out of pocket costs, though the employer is correct that they do get an offset for what you've earned in the meantime. Further, compensatory costs may be awarded for things like mental anguish or harm because of the discrimination. Likewise, in the remedy may include placing the employee where he/she should have been placed in the company (which may occur in the case of not getting a promotion or raise because of discrimination . Lastly, the federal discrimination laws allow punitive damages against the employer in limited circumstances where the discrimination is found to be blatant. Generally in your case I would make an offer of 3X wage loss to cover for costs and punitive damages...not just lost wages...then perhaps you can settle for a decent number from that point.

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Expert:  John replied 1 month ago.

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