Employer Liability Limits
Do you have a case against your employer but have questions about employer liability limits and how much you may be able to collect for your damages? Watch this video by experienced Phoenix employment lawyer Quacy Smith to learn more about the potential value of your case.
Recently, on talking to a client, he had spoken with a different lawyer previously that on a basic Title 7 claim, race discrimination claim, was going to go sue an employer for $2.5 million because someone called him an expletive and he was still employed there. I immediately looked at the client, and of course without bad-mouthing another attorney, I advised him quickly that he had come to the right place. Any experienced lawyer in that type of law would know you’re probably not going to sue someone for $2.5 million for just an expletive you’ve been called based on race.
In fact, the law restricts it. They have what we called caps. You can only pursue claims up to a certain amount. Generally, the threshold for most EEOC claims is $300,000 generally if that person has the max number of employees under the law; the fewer the employees, the lower the caps. There’s an analysis that goes into that but generally the cap is $300,000 for compensatory damages.
There are special damages and punitive damages and other things that weigh into it, but mostly when you EEOC sues an employer and gets $4.5 million, nine times out of ten that wasn’t for one person; it was for a class of people. Whatever those damages were, were split up between numerous parties. There are caps that are on every case that comes before the EEOC.
A lawyer will sit down with you, discover with you what those caps are, where they feel your case fit within those caps, how much damage you can get. Remember, it’s compensatory damage. It’s make-whole relief; it’s not get-rich relief. Then sometimes, if the matter proceeds to court, the jury can award punitive damages considering on the egregiousness of the crime. You should sit with a lawyer; these are not things that you would want to try to deal with on your own. You would want to sit with a lawyer and let them walk you through the process. They pretty much know, based on precedent history and case research how much they are pursuing.
Do you have questions about employer liability limits for discrimination cases? Contact our skilled Phoenix employment attorneys for a free confidential consultation. Let our experience work for you.