How Much Can You Get for Suing Your Employer in California?

TL;DR: The amount you can receive from suing your employer in California varies widely depending on the type of lawsuit and specifics of your case. Compensation can include back pay, front pay, compensatory damages, punitive damages, and attorney’s fees. Statutory limits on non-economic damages in certain cases can reach up to $250,000. Consult with an experienced attorney for a precise estimate.

Types of Lawsuits Against Employers in California

In California, employees can sue their employers for various reasons, including wrongful termination, discrimination, harassment, retaliation, and wage and hour violations. The potential compensation depends on the type of claim and the circumstances surrounding the case.

Wrongful Termination

Wrongful termination occurs when an employee is fired for illegal reasons, such as discrimination or retaliation. Compensation in wrongful termination cases can include:

  • Back Pay: Wages and benefits lost from the time of termination until the resolution of the lawsuit¹.
  • Front Pay: Compensation for future lost earnings if reinstatement is not feasible².
  • Compensatory Damages: For emotional distress and other non-economic losses³.
  • Punitive Damages: Intended to punish the employer for particularly egregious conduct⁴.
  • Attorney’s Fees and Costs: Reimbursement for legal expenses incurred during the lawsuit⁵.

Discrimination and Harassment

Claims of discrimination and harassment based on race, color, religion, sex, national origin, age, disability, or genetic information are governed by both state and federal laws. Possible damages include:

  • Back Pay: Lost wages and benefits due to discriminatory actions.
  • Front Pay: Future lost earnings if reinstatement is not possible.
  • Compensatory Damages: For emotional distress, mental anguish, and loss of enjoyment of life⁶.
  • Punitive Damages: To punish the employer and deter future misconduct.
  • Attorney’s Fees and Costs: Legal expenses related to the case.

Retaliation

Retaliation claims arise when an employer takes adverse action against an employee for engaging in protected activities, such as filing a complaint or participating in an investigation. Compensation can include:

  • Back Pay: Lost wages and benefits due to retaliatory actions.
  • Front Pay: Compensation for future lost earnings.
  • Compensatory Damages: For emotional distress and other non-economic losses.
  • Punitive Damages: To punish the employer for retaliatory conduct.
  • Attorney’s Fees and Costs: Legal expenses incurred during the lawsuit.

Wage and Hour Violations

Wage and hour claims involve issues such as unpaid wages, overtime violations, and misclassification of employees. Damages can include:

  • Unpaid Wages: Compensation for wages not paid as required by law⁷.
  • Liquidated Damages: An amount equal to unpaid wages, intended to compensate for the delay in receiving wages⁸.
  • Attorney’s Fees and Costs: Reimbursement for legal expenses related to the claim.

Statutory Limits on Damages

In some cases, there are statutory limits on the amount of damages that can be awarded. For example, in medical malpractice cases in California, non-economic damages are capped at $250,000. While this cap does not directly apply to employment cases, it illustrates that caps on damages can exist in certain types of lawsuits⁹.

Key Takeaways

KEY TAKEAWAYS
  • The amount you can receive from suing your employer in California varies widely based on the type of lawsuit and specific case details.
  • Potential compensation includes back pay, front pay, compensatory damages, punitive damages, and attorney’s fees.

    • References

    ¹ California Labor Code §1102.5
    ² California Labor Code §98.6
    ³ California Civil Code §3333.2
    ⁴ California Civil Code §3294
    ⁵ California Code of Civil Procedure §1021.5
    ⁶ California Government Code §12965
    ⁷ California Labor Code §1194
    ⁸ California Labor Code §1194.2
    ⁹ California Civil Code §3333.2