Previous: III. Surviving Summary Judgement
Although parties always want their attorneys to accurately predict how much their case is worth, it is very difficult to do, since it usually depends upon the individual group of jurors hearing that case. Verdicts can vary tremendously from one jury to the next. Generally speaking, in a wrongful discharge case, the jury is permitted to award the difference between the amounts of salary and benefits that the plaintiff would have earned if he or she had not been fired between the date of the firing and the trial, minus all amounts that the plaintiff has earned or could have earned during that time period. In addition, a winning plaintiff may be ordered to be re-hired by the employer.
Clients often ask what are the chances that a jury will award compensatory and/or punitive damages against an employer. Statistics tell us that this happens a relatively small percentage of the time and that, when juries do award such damages, they are usually in cases involving extreme sexual harassment or open racial harassment. Also, if the plaintiff wins, the employer will be required to reimburse the plaintiff’s attorney fees and expenses in bringing the case.
