What Damages Can You Get In A Workplace Retaliation Claim?

When a case of workplace retaliation is found, the law tries to put the victim in the position as they would be if the discrimination never took place. With the help of an Employment Discrimination Attorney, you can get various retaliation damages. However, these damages will depend on discriminatory action and its effect on you. 

When you file a legal case, you do not only recover damages but also get your position back in the company with the assurance that the same thing will never happen again. That is why it is highly recommended not to keep quiet when you face discrimination. Speaking up and exercising your rights can do wonders. 

Damages you can get in a workplace retaliation case

  • Lost pay. 

If your employer had demoted you to a lower position in the company with reduced pay or fired you from the job, you can recover the wages/salary lost. If the employer is not able to give you back your position in the company, you can also recover the money you continue to lose in the future. Your attorney can also help you prove that the demotion will harm your career and ruin your chances of finding work in the future. 

  • Lost benefits. 

When employees are wrongfully terminated or demoted, they do not only lose their monthly pay/wages but also several benefits. If you have lost benefits like health insurance, bonuses, or 401k contributions, your employer is obligated to pay them back to you. 

For example, suppose you were demoted from a full-time position to a part-time one. Now, some jobs only offer paid vacations to full-time workers. You can recover this when you get back to your position in the company. 

  • Out-of-pocket expenses.

Out-of-pocket expenses include the money you spent as a result of losing your job—for example, costs associated with a job search. If the reduced payment resulted in you using up your savings, you could also recover that. 

  • Pain and suffering. 

Employees who experience retaliation in the workplace can ask for “pain and suffering” damages, including the emotional stress, embarrassment, anger, and frustration they went through due to the retaliation. Your lawyer may need to hire a mental health expert witness to prove this damage. Unlike economic damages, calculating pain and suffering are not easy, and it is entirely up to the jury to decide how much you should get. Having a good attorney by your side can increase the chances of increased compensation. 

Lawsuits can be emotionally draining and time-consuming. Hiring an attorney can reduce some of your burdens and allow you time to heal yourself emotionally.