Calculating Damages In A Santa Ana, California Race Discrimination Case
This is the next post in our series on the handling of race discrimination cases in Santa Ana, California. Our last article discussed attending trial in matters of race discrimination. It is important that you retain an Orange County attorney experienced in taking such matters to trial or else your case may not be properly presented to the jury. In this article, we will discuss how damages will be calculated if the jury rules in your favor. Contact our office today to speak with an employment law lawyer.
The first aspect of your damages will be lost wages and earnings. If your case involved a wrongful termination then you will be entitled to all of the wages you would have earned since you were fired. If you found new employment, which pays less than your former job, then you will be entitled to the difference between the two wage structures. If you had to be retrained or if you went back to school as a result of the termination, then it may be possible to recoup education costs under some circumstances. The jury will determine the amount of your lost wages by considering your past earnings and similar information.
The second aspect of your damages is the value of benefits which you lost after an illegal firing. Say, hypothetically, you worked for an employer who offered a pension plan or employee profit sharing. It is relatively straightforward to calculate the amount of those benefits that you would have received over the course of your employment and the future value of any withdrawal payments you would make. Since you would have received these benefits, but for the wrongful termination, it is possible to recover them at trial.
Other types of compensation may include those for pain and suffering and possibly punitive damages. It goes without saying that it is emotionally stressful to know that you were terminated or treated badly solely because of your ethnicity. Your former company does not get to put you through that level of stress and simply get away with it. When determining your compensation for such suffering the jury will consider things such as the amount of time you were at the job, the callousness of the employer, the quality of your work, and more. Also, the more egregious the employer’s conduct the more likely the jury will be to award punitive damages. These damages are meant to “punish” the employer for going against societal norms. The more the company’s conduct shocks the conscience then the more likely the jury will be to make such an award.
Many Orange County victims of racial discrimination are surprised to find out the amount of money to which they may be entitled. If you have questions about your rights then contact our Santa Ana office to speak with our employment law attorneys. Glen Duvel has devoted his career to standing up for workers and he is ready to assist you. We also service Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Tustin, Westminster, and Yorba Linda.