Visitor Question

Wrongful Termination Pain and Suffering…

Submitted By: Karen (Oklahoma)

I am planning to negotiate with a former employer. I have to come up with a number for them for pain and suffering and loss of income because of wrongful termination.

I was off work for 5 months, no one wanted to hire me because I was fired for something I did not do. What would you recommend for pain and suffering on a wrongful termination case? Thanks.

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 Karen,

Regrettably and with few exceptions, Pain and Suffering are not recoverable damages in a Wrongful Termination case. You might want to consider Mental Anguish as an alternate demand.

With that in mind we suggest you calculate your lost wages for the 5 months you were out of work. Add to that figure parking lot fees, and (with gasoline soaring past the $5.00 mark) a pro-rated amount for the gasoline used while you were going to job interviews, and any other job-seeking items which only you would know.

Mental Anguish is a subjective term and one difficult to estimate as we really don’t know how difficult a time you had and how much anxiety you had to deal with during that terrible period when you were wrongfully accused of a crime.

In a case like yours, and as we mentioned, without more detailed information about the circumstances which led to your wrongful termination we have to leave that amount up to you.

If you are able to put together a brief but detailed account of what led to your dismissal, including, but not limited to, your embarrassment, alienation, and mental angst, we might be able to give you a better idea of an amount for Mental Anguish.

Learn more here: Filing a Lawsuit for Wrongful Termination

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 with your claim,

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One comment on “Wrongful Termination Pain and Suffering…

  1. Karim says:

    I was terminated in 2004. I was left out with two kids, a car to pay for and apartment. I had no choice but to take my $22k from my pension, in attempt to survive. I went through arbitration hearing, finally in 2006, and was found to be wrongfully terminated and received everything except back pay.

    I was upset because the financial crises it caused in my life and the amount of mental anguish it caused in me personally. I was then referred to a lawyer, by my union lawyer. He filed a claim against the city in reference to race being a issue. I told him it wasn’t race, I was just wrongfully terminated. I attempted that route but the constant BS and lack of assistance caught up to me. I had to get back to work, I had no real income coming in.

    Recently I talked to my pension board and was told by an employee that the city can not do that. That I should have received back pay. Well they did do it and I have 20 years of service with the city, but only 13 with pension. I want to take out a loan, but I don’t think I can get the required amount. Is it to late to do anything?

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