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This will Limit Your $$ Recovery in an Employment Lawsuit

Last time we talked about the types of compensation and court orders you may expect to be litigated in your court case.

We left off asking a very important question which was “If I get fired and have to wait for the courts to handle my lawsuit, can I go and get another job to support myself and my family?

The short answer is, YES, not only should you, but a properly litigated court case will generally require the plaintiff to seek or obtain other employment opportunities.

What? Why? Did you really think you were going to be able to have all the time off work while your court case is being litigated? Wishful thinking, but that’s not how an employment case works.

That is what this week’s discussion is all about, the Limits and Offsets, along with the what is called a “Failure to Mitigate”

How is my Back Pay limited or offset?

Main Point: Back Pay is limited and reduced by the amount of earnings (wages) you received from another employer during the pay back period. 42 USC 2000e-5(g).

The Amount of back pay is the difference between the salary you would have received if the employer had not discriminated against you and the wages you actually received at your new job.

EG: ACME Co. was paying you $60,000 per year before they illegally discriminated against you and fired you. Your new job of like kind is paying you $40,000. When AMCE Co. is found in violation of the law, they will owe you $20,000.

Summary: Back pay is offset by the difference in the salary of someone who was discriminated against and then obtained a lower paying job.

What is a “Failure to Mitigate?”

Main Point: if you plan on bringing an employment discrimination claim, you cannot just sit around and take things easy.

A plaintiff who brings a lawsuit against their employer and expects back pay, must seek with reasonable diligence a substantially equivalent employment opportunity.

In other words, you cannot be a couch potato. You must take an active role in seeking a new job that is similar to your old one if you expect to get awarded back pay from your original employer.

Summary: In order to bring a successful lawsuit against your employer, a plaintiff must seek to mitigate damages by looking for or obtaining a new job.

Do I have to pay an Attorney?

Main Point: If you want to handle your case yourself, generally you can. If you want to feel at ease knowing that you have a Trusted Attorney fighting for your freedom, we would suggest you spend some time researching and putting money down on an Attorney who will fight on your behalf.

Generally speaking, a plaintiff must bear the burden of their own attorney fees unless the fee is authorized by statute or court rule.

The Good news is, many of the lawsuits filed under Title VII Civil Rights Act, the Americans with Disabilities Act, Family Medical Leave Act, Elliot-Larson Civil Rights Act, Fair Labor Standards Act, and the Age Discrimination in Employment Act allow for plaintiffs who succeed in their lawsuits to recover their attorney fees.

EG: Some attorney's may require a Small Retainer up front to cover the pre-litigation cost and making sure your lawsuit is ready to be filed. Some Attorney's may charge a contingent fee, which means the attorney will only get paid if they win your case. The payment comes from the award in the case. Other attorneys will seek fees awarded by statute like we talked about above.

Summary: No you don’t have to hire an Attorney, but if you do, you should ask how they expect to be paid.

YOUR Trusted Attorney:

If you would like to retain Radzwion Law, PLLC as YOUR Trusted Attorney, do not hesitate to contact us. We are here to protect you when you need it most and we will fight for your freedom.

How to Checklist: Appeal a Denied Religious or Medical Exemption.

Click Below to Watch this Weeks Video:


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