Want to file a Lawsuit against an Employer?

If an existing or former employee files a lawsuit against an employer, they may be entitled to various types of damages. The types of damages an employee can claimwill depend on the type of claim, for example, an employee may claim unpaid wages, compensation against illegal discrimination, or a claim for wrongful termination.

Discrimination claims

In an employment discrimination case, an employee may claim general damages for emotional distress ordamage to reputation and punitive damages. However, those amounts may be limited, depending on the employer’s size. In some cases, lost wages, front pay and attorney fees could also be awarded as damages.

Courts mayalso order employees to be reinstated to their former position, and other measures may be takenagainst the employer to prevent future discrimination. 

Whistleblowing claims

Whistleblowing claim damages are like discrimination claim damages, but without anylimits on the amounts of damages. 

Unpaid wages and commissions

If an employee claimsthat they have not been paid their wages or commissions, they can recover 3 times the amount of those unpaid wages or commissions. The employee may also claim attorney fees. However, they can’t recover damages for emotional stress or any other general damages.

Unpaid overtime

If an employee can prove they should have been paid time and a half for overtime hours, the employer may have to paytwice the amount of any unpaid overtime wages, as well as the mandatory attorney fees or the employee’s legal bill.

Failure to pay minimum wages

When an employee files a claim that they have not been paidthe minimum wages, they can recover double the amount of any unpaid minimum wage along with the attorney fees.

Fair Labor Standards Act or FLSA Violations

If the employer fails to pay wages or overtime, the employer may be subjected to a wage and hour audit by DOL (U.S. Department of Labor). In the audit for wage and hour violations, as well as employee misclassifications, the DOL will examine all the employees in a similar situation, not just the employee who raised the claim.

There are many other types of claims with different types of potential damages. If you feel that you or a loved one has been a victim of workplace discrimination, employment law violation or harassment at work, it is best to consult an employment law attorney. They will help you understand what you deserve, and how to file a claim with the necessary documentation.

To learn more, consult one of the leading workplace discrimination, employment and harassment lawyers in Phoenix, AZ at Chahbazi Law PLLC or call 602-282-5868 Now! Attorney Meenoo Chahbazi uses her extensive experience and passion for employment equality to represent Arizona employees in a wide range of employment matters.

Category: