Beginning next week, I will be writing a three part blog series on calculating damages in employment cases. The first part of the series will focus on Title VII (gender, race, national origin, religion, and corresponding retaliation) and Americans with Disabilities Act (“ADA”) cases. Part two will deal with FMLA (“Family & Medical Leave Act“) cases. Lastly, Part three will deal with ADEA (“Age Discrimination in Employment Act”) cases. The first blog post will be published next Monday, March 25th.
I have found in my practice that one of the most difficult things to do is to help clients understand what their case is worth. Unlike other lawsuits (car wrecks/personal injury, defamation suits, workers compensation, etc.), the federal government has enacted statutory caps in most employment cases. These caps set the upper limit for what you could obtain on your best day in court. I will be discussing the caps in detail in my upcoming postings. Often times clients do not understand these caps and the way they limit their potential recovery. I cannot tell you how many times I have people say that they have an employment case that is worth a million dollars. Needless to say, there are very few employment cases that would bring that kind of award. I will also be discussing front pay, back pay, liquidated damages, and punitive damages. I hope this series will help others understand the way that damages are calculated in employment cases so that everyone can have a realistic picture of what to expect once litigation begins.