How Much Is a Retaliation Lawsuit Worth in California?

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Victims of workplace retaliation can face the professional, financial, and emotional consequences of an employer’s unfair and illegal actions. As a result, it’s understandable that there’s one question these employees ask our attorneys regularly: How much is a retaliation lawsuit worth?

In this blog post, we’ll answer this and other common questions employees have about retaliation lawsuits and the potential financial awards they offer.

Keep in mind: these are general answers based on nearly two decades of experience representing employees in California. Speaking directly with one of our employment lawyers is best for accurate insights into your situation. Lawyers for Justice offers free consultations for victims of workplace retaliation. Contact our office online or by phone to schedule your appointment today.

How Do Employer Retaliation Lawsuits Work in California?

Numerous federal and state laws protect employees from unjust and illegal punishment at work.

When you face employer backlash due to a protected activity, you can sue them for violating state or federal employment law.

A successful retaliation lawsuit requires proving three key things:

• You performed a legally protected act. Federal and state laws safeguard employees who engage in a protected activity, such as reporting safety hazards, illegal harassment, discrimination, or other labor violations in the workplace. Other protected actions include joining a union, applying for workers’ compensation, taking family leave, and discussing wages with coworkers.

• Your employer took an adverse action against you. An adverse employment action is an employer’s behavior or act that negatively impacts your job. These actions include demotion, pay reduction, harassment, sabotage, micromanagement, and termination.

• There’s a connection between these actions. To win a retaliation lawsuit, you must show that your employer’s adverse action directly resulted from your legally protected act. There must be a causal link between your action and your employer’s.

Retaliation lawsuits generally resolve in one of two ways: settlement or a court verdict. Sometimes, companies prefer to settle a retaliation lawsuit instead of going to court. In a settlement, your employer offers to pay you a set amount in damages in exchange for dropping your case.

In other cases, your employer may want to go to court to dispute your claims. When your lawsuit goes to trial, you and your employer will present evidence and argue your case before a court. Then, a judge or jury will decide whether or not you were the victim of illegal retaliation. Typically, they also determine how much compensation you can recover.

What Kind of Compensation Is Available in a California Retaliation Lawsuit?

Employees with successful retaliation claims can be eligible to recover damages from their employer. In retaliation cases, damages aim to compensate for the economic and noneconomic losses that resulted from an employer’s adverse action against an employee. Common forms of damages that employees can recover include:

• Back pay—payment for lost wages due to the adverse action, including benefits and missed bonuses;
• Front pay—payment for the estimated future wages and benefits lost due to retaliation;
• Emotional distress—compensation for the psychological harm caused by an employer’s action, such as anxiety and loss of enjoyment of life;
• Harm to professional reputation—offered for the impact on an employee’s long-term career advancement opportunities due to demotion or other adverse action; and
• Attorney fees—payment for an employee’s legal representation and other associated litigation costs.

Sometimes, employees can also recover punitive damages. These damages aim to punish an employer for an exceptionally harsh or harmful act of retaliation. Punitive damages are reserved for extreme cases, and they’re not guaranteed.

How Much Is a Retaliation Lawsuit Worth?

Retaliation lawsuit settlement amounts can range widely depending on the specific circumstances. Many different factors can impact the potential financial value of your retaliation claim. Let’s walk through some important ones to know about.

Evidence

Strong evidence can have a significant influence on the value of your case. Clear and compelling proof of your employer’s illegal punitive motives is essential to support your compensation claim.

Potentially valuable evidence can take various forms, including voicemails, memos, emails, pay stubs, reports, and performance reviews. If you experienced an incident of retaliatory behavior, having eyewitnesses who can testify is also essential to back up your version of events.

Employer History

You may not be the first to face your employer’s backlash after speaking out about a workplace issue. If your employer has a history of retaliatory behavior or documented mistreatment against employees who exercise their legal rights, that could be grounds for an increased payout.

Damages

The extent of the financial harm you suffered due to your employer’s retaliatory act is directly linked to the potential value of your lawsuit. Imagine your boss suddenly transfers you to a different work site as retaliation for complaining about racial discrimination. You’re assigned less desirable work at the new site for a lower wage.

In this case, you could recover the difference in income you lost due to your employer’s retaliation. However, if the transfer also negatively impacts your earning potential in other ways—i.e., disqualifies you from receiving an expected bonus—that could add to the amount you could recover.

Legal Representation

A skilled attorney is one of the most influential factors when it comes to your case’s potential value. A lawyer experienced with workplace retaliation cases understands the legal strategies needed to build a strong claim in your favor. They can help you gather documentary evidence you might overlook and find witnesses who can support your claim.

A trained attorney will be prepared to challenge your employer’s justifications for their actions. They can also advocate for your interests before a court or in settlement negotiations and help ensure you receive the maximum compensation.

Employee Advocates Californians Trust

It’s understandable to want to know the value of your retaliation claim before you commit to a lawsuit. Retaliation claims can have high stakes for your professional future and financial security. That’s why it’s essential to consult with a qualified LA employment lawyer before you make any decisions.

When you come to Lawyers for Justice, our priority is to evaluate your case and help you understand your rights and options. If you decide to pursue a lawsuit, you can rest assured that you’ll have attentive legal representation and empathetic support throughout the process, no matter the size of your case.

Over the past 18 years, Lawyers for Justice has recovered over one hundred million dollars for Californians. Contact our office today to learn how we can help you.