Available Damages Under FEHA

Answer:

This morning I met with a new client of ours, here at the Myers Law Group. She had a question as to what type of damages we would be seeking. She had a claim under an area of the law called the Fair Employment and Housing Act. Like most of the laws in California regarding employment, California laws try to make an employee whole, addressing the damage that was caused by the employer’s decision that adversely affected the employee. I told the client that, as a result of being terminated for what I believe was unlawful conduct, we would be asking for a couple things in the lawsuit and then, ultimately, the jury, if we went that far. The first issue that we’ll seek isemotional distress, the emotional distress of being terminated, as well as the emotional distress that this employee suffered prior to termination as a result of unlawful harassment. We’ll ask a jury or we’ll make a demand upon the employer that they compensate the employee for the emotional distress and unlawful harassment that occurred prior to the termination, and then we’ll seek emotional distress after the termination. A lot of employees that come to me, or clients that come to me, have similar stories, but every story is unique. The uncertainty of having a job going forward is devastating, wondering how you’re going to pay for your mortgage or your rent, how you’re going to put food on the table. A lot of my clients have never been terminated. A lot of my clients have never been out of work. A lot of my clients are angry, angry that the employer didn’t do the right thing, angry for the position that they are now in. They’re nervous and scared about going forward and having to tell future employers as to what happened and why they’re no longer working for a company that they truly enjoyed working for originally. We’ll seek emotional distress from a jury as well, including past emotional distress and future emotional distress. In addition to emotional distress, the employee is also entitled to back wages as well as front wage, or the difference between what they would’ve made at the previous employer that terminated them and what they’re currently making. If it took them time to find a job, we’d seek compensation for that period, too. If the new job that they found pays less or doesn’t have benefits as good as those offered by their previous employer, we’ll look for those benefits. The second type of damages that we’ll be seeking is wages and benefits. Some employers are subject to punitive damages, as well. We’ll be asking a jury, ultimately, to award punitive damages for the conduct of the employer, to truly punish the employer to make sure that they never to that again. Lastly, if you get to trial, we’d also be asking for attorneys’ fees and costs for bringing the litigation. Those are the types of damages we’ll ultimately be asking a jury for. As we litigate your case, a lot of cases do settle. The demand that we put out there, or what an attorney will ask for, sort of contemplates all that – back wages, front wages, past emotional distress, future emotional distress, punitive damages if the employer is subject to attorneys’ fees and costs. Most cases settle, typically for a lump sum, and that lump sum is to address all of those damages. If you have a question as to what damages you would be entitled to if you brought a lawsuit under the Fair Employment and Housing Act, or any other California laws, it’s important that you talk to an attorney who can describe or explain those damages to you. If I can answer any questions regarding those damages, or any other aspects of California employment law, feel free to give me a call. I’ll be happy to answer any of those questions.