How Are Payments Determined For Wrongful Termination?
April 5, 2023
Being without a job is stressful, and if the situation happened because of wrongful termination, it is even more upsetting. So first, learn how payments are determined for wrongful termination and related topics below. Next, speak to our Chicago wrongful termination lawyer at Law Office of Michael T. Smith for assistance with your case.
What Is Wrongful Termination In Illinois?
Illinois has an at-will employment rule, meaning that workers and companies can terminate their employment agreement at any time. Because either party can end employment, it is only a wrongful termination when the company violates the at-will employment rules. These violations include:
● Violating the contract with the employee
● Discriminating against the employee
● Retaliating against the employee for whistleblowing and other protected actions
● Firing the employee for taking time from work, employment, or health leave
What Is Wrongful Termination From Discrimination?
While an employer can terminate your employment without reason, it is illegal to discriminate against and fire someone in one of these protected classes:
● National origin
Do you think you were terminated because of discrimination? First, you must file a complaint with the Equal Employment Opportunity Commission (EEOC) and the Illinois Department Of Human Rights. If the EEOC decides you have a wrongful termination case, they will file a lawsuit. But if the EEOC rules against you, filing a wrongful termination lawsuit is still possible.
Damages In A Wrongful Termination Case
If you win your case, you may receive economic and non-economic damages. Economic damages include both past and future earnings. This number is relatively simple, based only on your past and future earnings.
Non-economic damages are harder to calculate because they include emotional suffering, pain, and sometimes punitive damages. They include:
● Loss of monthly earnings
● Loss of job benefits
● Medical costs
● What a job search cost
● Pain and suffering
● Punitive damages, when applicable
● Liquidated damages that you had to pay when terminated
How Do You Calculate Wrongful Termination Benefits?
If you win your claim or lawsuit, you may be entitled to damages for wrongful termination. Quantifying the damages means knowing your total yearly compensation from your job. This includes your annual salary, commissions, bonuses, lost raises because you were fired, and lost benefits.
Once this number is determined, it is multiplied by how many years you have been without a job and how many years you may be without a job if you have not already found one. Here is a simple formula that may be used to calculate benefits or damages in a wrongful termination lawsuit:
Total Yearly Compensation x Number of Years Unemployed = Financial Damages
But this figure does not consider other factors: age, kind of job, experience, education, pain, and suffering. That is why if you were wrongfully terminated, you should work with an attorney who handles these cases regularly.
Wrongful termination settlements can vary widely based on your job, income, experience, age, etc. However, the EEOC reports the average wrongful termination settlement ranges from $5,000 to $80,000. Also, about 10% of wrongful termination cases lead to a verdict of at least $1 million. Wrongful termination because of sex, disability, or racial discrimination tends to be worth more.
Contact Our Chicago Wrongful Termination Lawyer Now
Do you believe you were wrongfully terminated in Chicago? You could be entitled to compensation, so contact our Chicago wrongful termination lawyer at Law Office of Michael T. Smith at (847) 466-1099.