Legal Law

What Remedies Are Available to Employees in Wrongful Termination Cases?

Employees in Wrongful Termination Cases

If you have been fired for reasons that violate state or federal law, you have a right to compensation. This includes damages to cover the cost of your losses and to restore you to the position you would have held if you had not been wrongfully terminated. In addition, some states have additional remedies that can be awarded based on the nature of your termination. These include emotional distress, lost future earnings, and attorney’s fees.

The most common economic damages in wrongful termination cases are back pay and loss of benefits. The former employer must compensate you for the amount of money you would have received had you not been wrongfully terminated. This includes salary, benefits, and bonuses that you have lost as a result of the termination. It also includes out-of-pocket expenses, such as job search costs, retraining costs, and any medical treatments needed to address the negative impact of the termination on your life.

In some rare cases, a court will award non-economic damages. These are primarily meant to offset the impact of the wrongful termination and punish the employer for their behavior. In some states, these types of awards include punitive damages. However, these are rare because most employers understand that a wrongful termination claim can be costly.

What Remedies Are Available to Employees in Wrongful Termination Cases?

It is possible, but unlikely, that a court will order your former employer to fire the person who wrongfully fired you. In most cases, judges do not want to make personnel decisions on behalf of companies. Nevertheless, if the wrongful termination was the result of some serious wrongdoing by the supervisor or another employee, this is a possibility.

If your case involves a claim of wrongful termination, it is important to hire a skilled New Jersey employment lawyer as soon as possible to assist you in gathering evidence and filing a lawsuit. The earlier an attorney is involved, the more likely it is that you will be able to obtain the maximum possible relief in your case.

In rare and limited circumstances, a court may order your former employer to reinstate you for the position you held before being fired, or an equivalent position. This is a remedy that is typically reserved for claims where the employer’s reason for firing you runs afoul of statutory or contractual rights or public policy.At its core, wrongful termination occurs when an employee is fired from their job for reasons that are illegal or in violation of their employment contract.

While employment in most jurisdictions is considered “at-will,” meaning that either the employer or the employee can terminate the employment relationship at any time and for any reason that is not illegal, there are certain exceptions and protections in place to prevent wrongful termination.

In addition, a court might order your former employer to restore any seniority that you lost due to being wrongfully terminated. This can be a powerful remedy because seniority level has significant bearing on a number of employment-related benefits, including pay, vacation and sick days, retirement contributions, and more. Moreover, a court might also order your former employer to re-hire you at the same salary it paid you before being fired. This is often referred to as front pay.

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