What is a reasonable settlement to ask for regrading a wrongful termination claim?
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What is a reasonable settlement to ask for regrading a wrongful termination claim?
I have won a case of wrongful termination. I have at least been guaranteed my back pay. Also, the EEOC has found violations with the employer for not providing a reasonable accommodation and finding my medical records with my personnel records. Is there an equation that can assist me on determining a settlement or do you have personal experience that can guide on how much to ask?
Asked on September 29, 2010 under Employment Labor Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Unfortunately, there is no equation or rule, since the circumstances are all-important. For example, reasonable settlements vary substantially with the employee's tenure (how long they were there), level or responsibilities, required accomodation, etc. Generally speaking, it's either some number of months of salary; for a VERY broad range, generally 3 - 12 months. Or it's the pay differential; i.e. if you earned $X but should have earned $1.4X for the time you worked, not only would you get back pay at your actual rate, but might possibly get the extra money you should have earned.
If you don't want to speak with an employment law attorney, try doing internet searches (e.g. "Google") for your situation--you should be able to turn up a number of settlements which can provide some guidance. Also look at the blogs of employment law attorneys or law firms.
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