What is the Average Settlement for a Retaliation Lawsuit?

Workplace Retaliation Settlements Can Be Substantial. Learn About Your Retaliation Claim for a Lawyer at Oberheiden P.C.

Executives, managers, and other employees who expose violations of the Civil Rights Act, the False Claims Act, and other state and federal laws are entitled to protection against retaliation by their employers. When employers retaliate unlawfully, employees can pursue claims for damages—including punitive damages in some cases.

What does it take to prove retaliation? And, how much is a retaliation lawsuit worth?

The answers to both of these questions vary from case to case. As a result, while we know that many employees have questions about the average settlement for a retaliation lawsuit, it is far more important to focus on the specific damages that are available under the specific circumstances at hand. While some retaliation settlements may be relatively small, executives and other high-level employees who have retaliation claims may be entitled to substantial damages.

Are You Eligible to File a Retaliation Lawsuit? Our Lawyers May Be Able to Help You Seek a Settlement If:

• You engaged in protected activity (i.e., you reported employment discrimination, sexual harassment, occupational safety violations, or another violation of federal law);
• You filed your report in writing (either with your company’s human resources department or with an appropriate government agency);
• You experienced an adverse employment action after coming forward;
• You have reason to believe that your employer’s action was retaliatory; and,
• You are entitled to economic and non-economic damages under applicable law.

Compensatory Damages in Wrongful Termination and Other Workplace Retaliation Cases

The amount of compensation that is available in an employer retaliation lawsuit depends on several factors. Setting aside the potential for punitive damages, if you have a claim based on your employer’s adverse action, your settlement value will be based on the losses you have incurred and will incur in the future. The primary factors involved in settlement calculations in employment retaliation cases are:

Back Pay

If you lost your job, received a pay cut, or were suspended or demoted, you can seek damages for your lost wages or salary through the date of your settlement. Under the False Claims Act and certain other whistleblower retaliation statutes, double back pay is available when an employer’s illegal conduct results in a loss of income.

Front Pay

Employees who have lost their jobs and lost job opportunities as a result of their employer’s retaliatory behavior can seek damages for their lost future earnings as well. To seek front pay damages, employees must generally be able to show that the retaliation negatively impacted their career prospects and that they have made reasonable efforts to secure comparable employment.

Lost Benefits

Along with lost income, employees who have a retaliation claim against their current or former employer can also seek compensation for their lost benefits. This includes past, present, and future loss of health insurance coverage, matching retirement contributions, stock options, and any other benefits to which they were previously entitled during their employment.

Emotional Distress

When an employer punishes an employee for doing the right thing, this can potentially have a variety of non-financial consequences as well. If your employer’s retaliation caused you to suffer from emotional distress, anxiety, or any other form of emotional harm, our employment lawyers can seek damages for these non-financial losses as part of your final settlement as well.  

Other Retaliation Damages

Along with the damages listed above, our attorneys may also be able to seek various other types of compensatory damages on your behalf. For example, as part of your damages claim, we may be able to seek additional compensation for your:

• Attorneys’ fees
• Other out-of-pocket costs
• Reputational harm

When you choose our law firm to represent you, our attorneys will work closely with you to assess the compensatory damages you are entitled to recover based on your individual circumstances and the law (or laws) that apply in your case. Once you know how much you are entitled to recover, then you will be able to make an informed decision about whether to proceed with filing a claim.

Punitive Damages in Workplace Retaliation Cases

In addition to compensatory damages, punitive damages are also available in some workplace retaliation cases. Punitive damages are generally available in particularly egregious cases of retaliation; and, when they are available, they can lead to substantially higher settlements. Even if an employer does not agree to pay punitive damages specifically, an employer’s potential exposure to a substantial punitive damages award can play a key role in settlement negotiations—and this is a factor that our attorneys leverage when warranted.

The Importance of Highly Experienced Legal Representation

If you have grounds to file a retaliation lawsuit against your current or former employer, there are several reasons to work with a highly experienced employment attorney. Some of the key reasons to engage legal counsel to help you seek a settlement include:

1. Determining if You Have a Retaliation Case

The first step toward seeking a settlement is to determine if you have a retaliation case. To file a claim, you must be able to provide evidence that: (i) you engaged in protected activity (i.e., you reported a violation of Title VII or filed a whistleblower complaint); (ii) you experienced an adverse employment action; and, (iii) your adverse employment action related to your decision to come forward.

2. Taking Appropriate Legal Action Under the Circumstances

If you have a retaliation case, you must take appropriate legal action based on the specific law that your employer has violated. Depending on the circumstances, this could involve filing a complaint in court, with the Equal Employment Opportunity Commission (EEOC), or with a state or local agency. With that said, in some cases it will make sense to attempt to informally seek a confidential settlement as well.

3. Gathering the Evidence Needed to Prove Your Case

From proof that you engaged in protected activity to proof of your employer’s retaliatory adverse employment action, you will need various forms of compelling evidence to prove your case. Our attorneys can take the necessary steps to gather the evidence that is required.  

4. Securing Expert Witness Testimony to Prove Your Damages

Expert witness testimony can play a key role in calculating future damages in employment retaliation cases. If you have a claim for substantial damages, our attorneys can engage economists, tax professionals, and other appropriate experts as necessary to prove your claim for compensation.

5. Negotiating for a Favorable Settlement

Negotiating a favorable settlement in an employment retaliation case requires an informed and strategic approach. Beyond calculating your losses, negotiating effectively requires a clear understanding of your employer’s priorities and the tax implications of various settlement options as well. With significant experience in settlement negotiations, our attorneys can work to secure a settlement that maximizes your take-home compensation on your behalf.

FAQs: Settlement Amounts in Cases of Workplace Retaliation

Request a Confidential Consultation with a Senior Employment Retaliation Attorney at Oberheiden P.C.

If you would like to schedule a confidential consultation with one of our senior employment retaliation attorneys, we invite you to get in touch. To request an appointment, call 888-680-1745 or contact us confidentially online today.

Further Information About Our Workplace Retaliation Lawyer Services

• Workplace Retaliation Attorneys
• What Makes a Strong Retaliation Case?
• Los Angeles Retaliation Attorney
• New York City Retaliation Attorney