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So in discrimination, harassment, and retaliation claims, especially those
that result in a termination, there are four buckets [snorts] of damages. The first bucket is your
economic damages. Economic damages are those damages that result from you losing your job. If you’re making $25 an
hour and you get terminated and then there’s a period of time where you’re not making that $25 per hour, we
calculate that loss for the duration of the unemployment. There’s also loss of benefits. Those get calculated as part
of the economic damages as well. The most significant part of these damages of an employes damages are in emotional
distress damages. Frequently when somebody loses their job, it has a significant emotional impact on them.
It’s because they lose their social network. They lose their ability to make money to provide for their family. They
feel less than what they were because somebody treated them so poorly because of their disability.
that impact on their emotional psyche and well-being is compensible by the jury and that tends to be a large
amount. The third bucket is punitive damages which is when the jury or the
arbitrator or the judge punishes the defendant, the employer for the bad conduct. And the final bucket that
doesn’t necessarily go in the client’s pocket, but it does go into the calculation of recovery during settlement discussions is attorney’s
fees. Attorney’s fees is a big component in employment claims. Plaintiffs, the employees are entitled to recover from
the defendant the value of the attorney’s fees that the attorney provided. And those numbers can be massive and part of the settlement discussion.
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Los Angeles, CA employment plaintiffs attorney Navid Yadegar talks about the damages that can be awarded in a disability discrimination case. He describes four categories of damages that may arise in discrimination, harassment, and retaliation claims, particularly when an employee has been terminated. He identifies economic damages as losses resulting from the termination, including wages the employee would have earned during the period of unemployment as well as the value of lost employment benefits. He explains that these damages are calculated based on the income and benefits the employee would have received had the employment continued.
He also identifies emotional distress damages as a significant component of an employee’s potential recovery. He notes that losing a job can have a substantial emotional impact because an employee may lose their social network, their ability to earn income and support their family, and their sense of self-worth, particularly when the termination or other adverse treatment was connected to a disability or other unlawful conduct. He points out that the emotional and psychological harm resulting from these experiences may be compensable and can represent a substantial portion of the damages awarded by a jury.
He describes punitive damages as another category, which may be imposed by a jury, arbitrator, or judge to punish an employer for particularly wrongful conduct. He identifies attorney’s fees as the fourth category, explaining that although these fees do not necessarily go directly into the client’s pocket, they can be an important part of calculating the overall recovery during settlement negotiations. He notes that employees may be entitled to recover the value of the legal services provided by their attorney and that attorney’s fees can become a substantial component of an employment case.
