Visitor Question

How much for emotional suffering due to wrongful termination?

Submitted By: George (Vacaville, California, USA)

I am a 69 year old, disabled employee. I read that it is illegal for my employer to terminate an injured worker, so I filed a workers’ compensation claim against my employer. I thought it was an illegal termination, and it caused the recurrence of my major depression, which was diagnosed in 2006.

Even before my termination on March 12, 2014, I have been subjected to severe harassment and discrimination by my supervisor (since October 31, 2013), which caused emotional pain and suffering, then and until now.

My question is, how much is emotional pain and suffering due to wrongful termination worth? Is there anything else I can do about this, other than file the workers’ comp claim? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear George,

The Age Discrimination in Employment Act (ADEA) prohibits an employer from discriminating against workers age 40 years of age and older.

Age discrimination occurs when a worker receives less favorable treatment from his employer because of his or her age. ADEA laws permit a person to file a claim based on perceived age discrimination.

ADEA laws apply to employers with 20 or more workers. Employers covered under the act include federal, state, and local governments, labor organizations, and employment agencies.

To determine the amount of compensation for the pain and suffering or emotional distress you suffered as a result of age discrimination, requires a thorough review of your past and present salary, and the facts supporting your claim.

Because of the inherent complexity of ADEA, you must seek the counsel of an attorney who practices discrimination law. Most will not charge you for an initial office consultation.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 16, 2014

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