Can a person get punitive damages for retaliation?
Punitive damages are only available in particularly egregious cases and even then, may be awarded only if you can meet a higher standard of proof than is required to prove the underlying retaliation itself. In short, punitive damages are difficult to win.
Which is an example of retaliation in a lawsuit?
The classic example of retaliation for such “participation” would be firing an employee for testifying or providing an affidavit in support of another employee’s discrimination claim. Such a protective rule is both reasonable and necessary. Yet as applied by the courts, it can lead to very surprising rulings.
What are the rights of a whistleblower in retaliation?
Whistleblower Compensatory Damages in Whistleblower Retaliation Cases The SOX whistleblower protection law and similar corporate whistleblower protection laws authorize the award of not only economic damages, but also “special damages” which includes damages for emotional distress, mental anguish, humiliation and injury to reputation.
What was the jury verdict in the retaliation case?
The employee was awarded $460,000 in damages, plus attorneys’ fees, even though the jury found no merit to his underlying race discrimination claims. The jury verdict in the latter case highlights another feature of the law on retaliation.
Can I sue for workplace retaliation?
Workplace retaliation lawsuits have become increasingly more common and more expensive for employers. When employees file a complaint about discrimination or harassment in the workplace, it’s imperative that you, as an employer, take it very seriously and handle the complaint with special care. If the course of action you take is viewed as punishing the person for filing the complaint in any way, you may wind up facing a very expensive lawsuit.
What is the average settlement for discrimination?
An average out of court settlement is about $40,000. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. The majority of cases, about 67 percent, are ruled in the plaintiff’s favor when taken to litigation.
How to figure a settlement for discrimination?
How to Figure a Settlement for Discrimination Step 1. Calculate monetary damages. Discrimination settlements generally include compensation for monetary loss,… Step 2. Take into account emotional pain and suffering. If you suffer mental distress and anguish as a result of the… Step 3. Ask for