In South Carolina, most employees are considered at-will, meaning their employers can generally terminate their employment for any reason at any time. However, there are exceptions. Employers cannot fire employees for illegal reasons, in violation of employment contracts, or in a way that violates public policy.
If you were terminated unlawfully, you may have a right to pursue a wrongful termination lawsuit. You might be wondering how much you can sue for wrongful termination and what losses you may be compensated for. To get started, contact a North Charleston wrongful termination lawyer at Shelly Leeke Law Firm to determine the unique factors that could affect your case value.
Wrongful Termination Claims and Cases
A significant number of wrongful termination claims are settled at some point before a formal lawsuit is initiated. Employers typically wish to remain out of the courtroom due to the potential damage to public opinion against them. To do this, they may offer you a wrongful termination settlement.
A wrongful termination settlement is a legally binding agreement between an employer and an employee that attempts to resolve a wrongful termination claim. The employer agrees to pay the employee a specified amount of compensation in exchange for the employee dropping the legal action. As part of the settlement, the employee may also be required to sign a non-disclosure agreement, preventing them from publicly discussing the settlement’s terms.
Both employers and employees often prefer settlements over trials due to the inherent risks involved in litigation. A trial can result in significant financial penalties and reputational harm for employers if they lose, and for employees, a lost trial could mean no compensation for their losses. Consequently, a negotiated settlement is generally considered to be in the best interests of both parties.
Potential Damages You Can Seek in Wrongful Termination Lawsuits
If your past employer is not willing to settle out of court, you may wish to proceed with filing a formal wrongful termination lawsuit against them. To do this, you will need to work with a lawyer to build a strong case and calculate the requested damages or losses you have suffered due to the wrongful termination. The amount you could sue for in a wrongful termination case is meant to provide compensation for losses such as:
- Back pay: Compensation for the wages you lost due to your wrongful termination.
- Front pay: Compensation for future earnings that you would have earned if you had not been wrongfully terminated.
- Reinstatement: In some cases, a court may order your reinstatement to your previous position.
- Emotional distress: Compensation for the emotional harm caused by the wrongful termination.
- Punitive damages: In certain cases, punitive damages may be awarded to punish the employer for their wrongful conduct and deter similar behavior in the future. However, these damages are often capped by state law.
- Job search expenses: Reimbursement for costs incurred while looking for a new job.
- Lost benefits: Compensation for any benefits you would have received if you hadn’t been wrongfully terminated.
The specific damages you may be eligible for and the amount you can recover will depend on the unique circumstances of your case. It is essential to consult with an experienced employment attorney to assess your situation and determine the potential damages you may be entitled to. Do not settle for less than what you deserve.
Factors Affecting How Much You Can Sue for Wrongful Termination
The amount of compensation you can receive in a wrongful termination lawsuit depends on a variety of factors essential to the claim. Some wrongful termination cases may just end with reinstatement, while others could be awarded higher compensation. Some common factors that influence the amount you could be awarded if you sue for wrongful termination include:
- The employee’s salary.
- The employee’s benefits.
- The career level and skills of the employee.
- The employer’s conduct and the severity of the violation.
- Whether the employer intentionally damaged the employee’s reputation.
- Whether the employee attempted to mitigate the damages by seeking new employment.
- Strength of the evidence against your employer.
In South Carolina, you may also be awarded punitive damages. In cases where an employer’s conduct was particularly egregious, the court may decide to grant this type of damages as a way to punish the employer and make an example out of them rather than compensate you as a plaintiff for anything. Speak with a wrongful termination attorney from Shelly Leeke Law Firm to determine what factors may affect how much you can sue for wrongful termination.
Types of Wrongful Termination Claims
With wrongful termination, an employee is fired or laid off from their job for illegal reasons, such as discrimination or a breach of contract. An example might be if you are fired from your job for reporting an on-the-job injury. Cases like this would fall under the retaliation type of wrongful termination, where employers are prohibited from retaliating against employees who report illegal activities, safety violations, or discrimination.
Discrimination is a huge problem in our state and a common reason for wrongful termination claims. While this type of case can be difficult to claim, it can be more likely to receive a higher amount of compensation due to how seriously our state takes this issue. Termination due to discrimination against any protected characteristic is illegal.
These protected characteristics include race, gender, color, religion, sexuality, nationality, and age. Contact a South Carolina employer discrimination lawyer if you want to know more about how much you could sue for in a wrongful termination and discrimination lawsuit. At Shelly Leeke Law Firm, we will help you evaluate the details of your case, create a strategic approach, and resiliently defend your legal rights to compensation.
Contact Us Today to Discuss How Much You Could Sue for in a Wrongful Termination Case
When you need to understand your legal rights, seek legal advice from Shelly Leeke Law Firm. We will help you determine how much your case is worth. Contact us to set up a consultation and get started today.