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Posted on June 18, 2018 | Firm News
Wrongful termination cases arise whenever an employer fires an employee in violation of the law or an employment agreement. The resulting lack of a job can bring on loss of income, loss of benefits, and emotional distress depending on the conditions of the firing. In California, several options for wrongful termination suits exist:
Some wrongful termination suits combine with additional suits, such as personal injury claims. A personal injury may include physical and emotional injury, as well as defamation of character.
Wrongful termination cases may prove difficult for both employers and employees. Employers take on the risk in trial that, even if they win the case, potentially harmful information about their company may arise.
Since civil trials are predictable by nature, both parties may be interested in settling before entering the courtroom. Because of this, the employer and employee agree to settlement in most wrongful termination claims.
Aside from avoiding an uncertain court procedure, many other reasons exist for moving to settlement. Beyond recovering financial damages, employees may pursue wrongful termination out of vindictiveness, to discourage similar actions in the future, or to receive closure for particularly stressful and defaming terminations.
By contrast, an employer may avoid settlement to circumvent similar claims in the future. An employer may also have insurance that covers the cost of legal expenses. While many wrongful termination claims end in settlement, it is not a guaranteed outcome.
The settlement value is based on how much loss the employee suffered because of the firing. Several factors serve as the basis for determining value of a wrongful termination claim:
These factors affect the value of a wrongful termination suit in court, but the involved parties should account for these damages in settlement as well.
Whether an employee agrees to settlement or pursues a court trial for their wrongful termination case, the help of a wrongful termination attorney can be invaluable. At the Law Office of Omid Nosrati, we will advocate for employee’s rights to ensure a fair value for compensation.