Things to Consider Before Settling a Wrongful Termination Claim

Things to Consider Before Settling a Wrongful Termination Claim
Mar 15, 2019

There are many reasons that people lose their jobs in California. It could be through their own choice to quit the job, it could be because the company needs to lay off employees or because the company fires the employee.

Most of the time there is nothing illegal when employers decide to fire an employee as most employees in California are at-will employees. However, there are times that it is illegal to fire an employee. These reasons include discrimination or retaliation against an employee.

If the employee is fired based on discrimination or retaliation, they may be able to file a wrongful termination claim against the employer. If they are successful, they may be able to receive compensation from the employer. However, sometimes the employee is able to begin negotiating with the employer for a settlement prior to the claim being filed or after the process has begun through mediation. It is important that the employee still receive the compensation they deserve in these settlements though.

So, throughout the process it is important that the employee understands the types of compensation they could be entitled to.

This compensation could include back pay, which is the money and benefits they would have earned if they had not been wrongfully terminated. Back pay includes income, bonuses and benefits they would have received. The employee does have a duty to mitigate these damages by finding another job though.

The employee could also receive compensation for emotional distress caused by the employer through its treatment of the employee.

Many people in California are fired for illegal reasons in California. Many of the resulting claims do settle. When the employees are going through the settlement process, they should calculate the values of the damages they could receive in order to ensure they are receiving a fair settlement. Experienced attorneys understand the various types of compensation and may be able to help people throughout the process.

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