Employment Law: I Need a Remedy – Punitive Damages and Attorney’s Fees (Part 4)

Punitive damages and reasonable attorney’s fees are available in most types of employment cases.  Punitive damages punish the defendant-employer. To recover these damages, you must prove that your employer acted “with malice or with reckless indifference.” In other words, the employer intentionally discriminated or retaliated against you. In 2008, a former FedEx employee received a punitive damages award of $100,000 because the employer denied his requests for an accommodation under the Americans with Disabilities Act. [...]

By |2017-01-02T02:51:11+00:00January 2nd, 2017|Attorney's Fees, Damages, Employment Law, Punitive Damages, Remedies|Comments Off on Employment Law: I Need a Remedy – Punitive Damages and Attorney’s Fees (Part 4)

Employment Law: I Need a Remedy – Back Pay (Part 1)

So you were terminated or denied a promotion and you have good reason to believe it was due to discrimination. I get a lot of these calls. Your next move should be to create a comprehensive list of all the evidence that supports your case. It should include witness names, photographs, emails, and documents. In the song "Remedy," the Black Crowes asked, "Can I have some remedy?" In the employment discrimination context, what’s your legal remedy? Believe [...]

By |2019-02-15T00:46:40+00:00April 9th, 2016|Back Pay, Damages, Employment Law, Personal Injury, Remedies, Worker's Compensation|Comments Off on Employment Law: I Need a Remedy – Back Pay (Part 1)

Employment Law: I Need a Remedy – Emotional Distress (Part 3)

  Emotional distress is a type of damage that is intended to compensate you for the harm you suffered as a result of your employer’s action or inaction. Direct medical evidence is not necessary; however, you must support your claim with “competent evidence of genuine injury.” This can be done through your testimony as long as you offer specific facts as to the nature of the emotional distress and the causal connection to the employer’s [...]

By |2019-02-15T00:46:46+00:00April 9th, 2016|Damages, Emotional Distress, Employment Law, Remedies, Worker's Compensation|Comments Off on Employment Law: I Need a Remedy – Emotional Distress (Part 3)

Employment Law: I Need a Remedy – Front Pay (Part 2)

Front pay is available in employment discrimination cases when – despite reasonable efforts – you can’t find suitable employment, including reinstatement to the job that you were fired from. Courts have defined it as “the amount of money an employee would have made while working for the employer in the future, without the discrimination.” In 2009, the Third Circuit Court of Appeals affirmed a 10-year front-pay award. That’s an extremely rare result. Trial judges, while [...]

By |2019-02-15T00:47:25+00:00March 1st, 2016|Damages, Employment Law, Front Pay, Personal Injury, Remedies, Worker's Compensation|Comments Off on Employment Law: I Need a Remedy – Front Pay (Part 2)
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