Types of Damages You Can Win in an Ohio Employment Discrimination Lawsuit
If you decide to file an employment discrimination suit against your employer in Ohio, you might be curious about the damages you could win. Because every case is unique, there is no way to give a precise value. However, several types of losses are awarded in these cases.
What are Damages?
When an employer unfairly terminates an employee in retaliation for filing a discrimination complaint against a supervisor, this can inflict significant financial loss and emotional distress. A lawsuit will ask the court to award compensation for these losses you suffered because of the dispute.
The purpose of awarding monetary damages is to make you whole again. In other words, to return you to the financial state you were in before losing your job or suffering some form of discrimination in the workplace. Ohio and federal law entitle employees who suffer these situations to receive one or more of the following damage types:
- Lost benefits
- Back pay
- Reinstatement of your position
- Compensatory damages
- Front pay
- Reasonable accommodation
- Liquidated damages
- Punitive awards
Getting Back Pay for Your Wrongful Termination
Employment suits that win in court typically receive back pay and lost benefits. This type of reimbursement of wages includes more than just your regular income, but also:
- Earned vacation time
- Shift differentials
- Pension contributions you earned
Keep in mind if you were working during the interim of your lawsuit, your wages could offset your compensation. The intention is to make you whole, not profit, from your suit.
Also, any back pay you receive will be calculated from the day the discrimination occurred or you were unfairly terminated.
Having Your Job Reinstated
Ohio courts prefer to reinstatement for employees who lost their jobs due to discrimination. This may be an acceptable resolution for other case scenarios, as well. However, if your workplace becomes too hostile to continue employment or the position no longer exists, this likely won’t happen.
If your case has this issue, you and your attorney could seek front pay (future wages). The court will determine how much you would have earned had you stayed with your employer and then base compensation and benefits on the difference.
There are occasions where an employer’s wrongdoing is so egregious that the court wants to deter them and others from committing such actions ever again. Therefore, punitive damages are for punishment and, in rare instances, get awarded if a supervisor or company purposely discriminated against employees with malice or recklessness.
It’s important to note that a punitive damage award focuses on an employer’s intentions and not its conduct perse. Therefore, the court will need to determine if an organization knew its employment actions risked violation of governing law or not. Further, this type of compensation only applies to private employers.
Employment Discrimination Damages While Your Case is Pending
One of the more stressful realities of bringing an employment discrimination suit in Ohio is that it takes time for these actions to conclude. So what do you do in the meantime for income? Many courts will consider awarding prejudgment interest as part of your back pay. This compensation is to make up for the diminished use of your money because of the discriminatory actions you suffered.
It will be up to the court presiding over your case to calculate this amount, which could include compounding interest and the rate it accrues.
Speak with a Knowledgeable Ohio Employment Discrimination Attorney
One of the worst betrayals an employee can experience is their employer discriminating or retaliating against them. If you or a coworker are in an employment situation that is growing increasingly hostile or discriminatory, call Hux Law Firm for a free consultation. Attorney James J. Hux has the state and federal court experience to pursue employment discrimination damages on your behalf. Employers committing these illegal actions should be held accountable and not force you to suffer.
Contact us right away to learn more about your rights and how our firm can assist you in seeking relief.