DAMAGE CLAIMS (EMPLOYMENT LAW)

5 “Don’ts” That Can Hurt Your Damage Claim

Types of Damages

Types of Damages

Compensatory Punitive

• damages for past pecuniary loss (out-of-pocket loss)

• future pecuniary loss• nonpecuniary loss (emotional

harm)

Compensatory Damages Include:

Common Examples of Compensatory Damages

• Emotional Anguish• Pain & Suffering• Inconvenience • Loss of Enjoyment of Life• Injury to Professional Standing• Injury to Character &

Reputation• Loss of Health

Want To Know What Damages You May Be Entitled? Ask an Employment Attorney (FREE) Here: http://www.floridaovertimelawyer.com/practice-areas/overtime-and-unpaid-wages-attorney/

Limits On Compensatory & Punitive Damages

For employers with: Limits

15-100 employees $50,000

101-200 employees $100,000

201-500 employees $200,000

500 employees $300,000

Punitive damages are available only

• where the respondent acted with "malice or with reckless indifference to the federally protected rights of an aggrieved individual."

Source: EEOC.gov

The Purpose of a Damages Award

To restore the victim to the same condition he or she would have prior

to the unlawful job loss.

Richard Celler Legal, P.A.

5 “Don’ts” That Hurt Your Damage Claim

Don’t #1

Don’t stop looking for a new job.

The law requires you make efforts to “mitigate” or lessen your damages by

looking for other work.

It shows the jury that you are making efforts to move forward with your life

and not sitting and waiting for a paycheck from them.

Richard Celler Legal, P.A.

Make sure you keep track of all of your efforts to find work such as date applied, name of employer, and

response, if any.

Richard Celler Legal, P.A.

Don’t #2

Do not post things about your lawsuit on social media (text messages, emails).

The employer’s lawyer is entitled to all of this information and will ask for it

during the lawsuit.

If you have put something silly in writing, rest assured that the jury will

see that as well.

Richard Celler Legal, P.A.

Don’t #3

Do not lie on your tax returns, unemployment documents, or other

government submissions.

Juries look for reasons NOT to award damages to employment litigants, and

one of the easiest ways to hurt your claim is to lie on your tax return or other

sworn documents.

Don’t #4

Don’t spend more than you have.

Be smart with your money and don’t count on a lawsuit as your savior. Until you have your jury award in your hand,

anything can happen.

Richard Celler Legal, P.A.Richard Celler Legal, P.A.

Don’t #5

Don’t be frivolous with your damage claims.

If you have been wrongfully terminated and you are pursuing a claim for

damages…

Keep a written tally of the damages you have suffered from loss of 401k to

unable to pay your mortgage, to credit card debt (along with the invoices and documents supporting the claim), and

present this to your lawyer on a regular basis.

Have Questions?

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LEARN MORE ABOUT DAMAGE CLAIMS

“We Protect Your Rights in the Workplace,So You Can Focus on Protecting Your Family”

http://www.floridaovertimelawyer.com

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richard@floridaovertimelawyer.com

Richard Celler Legal, P.A.

7450 Griffin Road, Suite 230Davie, FL 33314

Phone: 954-903-7475

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