There are many reasons why people in California lose their jobs. Many of these reasons involve the conduct or work performance of the employee. Other times it has to do with the performance as a company as a whole and layoffs occur due to the company’s poor performance. However, sometimes it has to do with an employer discriminating against an employee because of age, race, sex or other protected classes that the employee cannot control at all.
If a person is terminated from employment due to discriminatory reasons they may be able to file a wrongful termination lawsuit against the employer. These cases are very fact specific, but if successful the employee would be entitled to compensation.
The compensation starts with how much the employee would have earned if they continued to work while the lawsuit is in progress. This compensation would include any benefits or pay increases that the employee would have received.
The employee could also be entitled to the present day value of any future earnings the employee could have earned. In determining this amount, the age of the employee, his or her work performance and intentions of continuing employment will be considered. The company’s performance and the future prospects that the company would be able to retain the employee needs to be analyzed as well. The employee could also be entitled to compensation for non-economic damages such as emotional distress.
There are many reasons that employers in California may want to terminate an employee’s employment. Sometimes it is for discriminatory purposes. If this is the case, the employee may be entitled to compensation for past lost wages, future lost wages and non-economic damages as well. It is important for employees to understand the law and their rights. Experienced attorneys understand these laws and may be able guide one through it.
Source: www.courts.ca.gov, “CACI 2433” accessed on Sept. 21, 2017