The Different Types Of Employment Law Damages & Recovery In Florida
In this article, you can discover:
- The potential damages that can be recovered in an employment-related claim.
- How damages are calculated.
- When recovery of legal fees might be beneficial.
What Types Of Recovery Are Possible In Employment Law?
In employment law, the main two types of recovery include monetary compensation and injunctive relief, such as orders for the defendant to reinstate the person to their position or stop the discriminatory behavior.
How Are Compensatory Damages Determined?
The remedies available for compensatory damages are measured by the wages that the employee has lost. For instance, if they were fired and have been out of work for six months without a suitable replacement of income, then the damages could entail the back wages for those six months and factoring in if they had benefits such as health insurance.
Many of these statutes will also provide for a concept of front pay or liquidated damages. This is additional compensation for the defendant’s wrongful conduct to offer them for damages projected in the future. A calculation can determine an appropriate measure of front pay or liquidated damages.
However, it’s not as definitive as the back pay damages unless you’re referencing the Fair Labor Standards Act, which defines liquidated damages as an equal amount to your back pay. Therefore, if you can establish that you’re entitled to liquidated damages under the Fair Labor Standards Act, it would equal what you were owed in back wages.
What Is Injunctive Relief?
Injunctive relief is a remedy that requires action by the defendant. In the employment context, this can be a significant issue because should you want job reinstatement, the court’s intervention is necessary. The court must decide that the employer is obligated to return the employee to their job, the same schedule, the same seniority rights, and other specifics.
There are a plethora of issues that the employee may want the court to rule on to keep their employee rights intact so that they continue to maintain their employment and the previous benefits they had and put a stop to discriminatory conduct.
Can Attorney Fees And Costs Be Recovered?
One remedy in cases like these is the reimbursement of attorney’s fees and costs if you prevail. It is not easy to find someone who will pursue a claim for you and take a percentage of back pay when the amount is only a few thousand dollars.
If you win your case, instead of an attorney taking a portion of the recovery, you can get an award of attorney’s fees and costs, making it more likely that an attorney will take on a case with lower damage. If you believe you have faced discrimination, even if your claim may not have significant damages, it’s still worth pursuing because of the attorney fee provision.
What Type Of Employment Law Compensation Or Damages Are Available In Florida?
Compensation and compensatory damages are measured by back pay and are susceptible to a reasonably definitive calculation using the person’s previous wages compared to their current wages.
The other recovery types common in employment law are liquidated damages and front pay designed to compensate for future damages.
This type of compensation is not necessarily damage that you’ve shown you’re owed; it’s damages that you’re showing that are future in nature. The damages are still going to be based on your income. Compensatory damages are based on an analysis of the previous income compared to the pay they’re now earning with either new employment or lack of income and unemployment.
What Are Punitive Damages?
Punitive damages are slightly different from compensatory damages. Compensatory damages are designed to compensate you for the losses that you’ve suffered, whereas punitive damages are intended to punish the defendant for wrongful conduct.
When dealing with very hostile workplace conduct or egregious discriminatory conduct, there is the opportunity to argue that punitive damages should be applied to the defendant, which can also add to the recovery the plaintiff makes if they prevail.
When Is The Appropriate Time To Hire A Labor & Employment Law Attorney?
The appropriate time to hire a labor & employment law attorney is undoubtedly sooner rather than later. There can be very tight deadlines to file your case with the EEOC, so it’s essential that you consult with an attorney early on in the process.
Ideally, it’s best to contact an attorney as soon as you’ve suffered negative employment consequences that you believe are attributable to a disability, your race, your gender, or any of the protected classes.
An attorney can help you:
- Determine whether or not you should file your case with the EEOC;
- Assess the value of your case;
- Establish the strength of your case;
- Chart the appropriate path for your case;
- Dictate whether or not you should file with the EEOC or the FCHR;
- Find out what needs to happen to guarantee administrative compliance;
- Ensure that you meet whistleblower requirements;
- and much more!
With the guidance of a skilled attorney for Labor & Employment Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
For more information on Labor & Employment Cases in Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 678-5155 today.
