Moving forward with a lawsuit can be difficult, and a lawsuit against a work supervisor or employer is no different. Many are conflict averse but there are times when you need to fight for your rights. And part of your rights may be recovering damages, such as lost wages. If you need a lawyer to help you pursue legal action, talk to a Columbus employment attorney.
Types of Damage Recovery
Depending on the details of the case, a plaintiff in an employment lawsuit may be seeking damage recovery for one or more of the following:
- Lost wages
- Front pay
- Non-financial damages
- Emotional pain and suffering
- Punitive damages
- Consequential damages
While each of these have their own definitions, lost wages are essentially a damage reward for income that was lost, what would have been earned by the employee moving the case forward had they not been subjected to the workplace violation.
Lost wages are different from front pay, which is also sometimes referred to as front wages. Not lost income, front pay is damage recovery for the time from the unlawful discharge to a future point. Sometimes, the financial award is in place until an individual finds comparable work for a wage that is in line with what they were earning prior to the illegal conduct.
Often, lost wages are the central form of damage recovery in an employment lawsuit. The amount a person is able to collect can be calculated in a few different ways, depending on the circumstances.
Calculating Lost Wages
There are a lot of variables when calculating lost wages. For example, if you were illegally terminated from a job that paid you $4,000 per month, and it took you five months to find a comparable job, you could be eligible for $20,000 in lost wages. But if you secured another job and were paid a lower rate, the amount could shift to make up for that loss as well.
It is important to note that even when a person is pursuing an employment law case it is often best to look for another job. Keeping an accurate record of your job search and the pay offered is helpful, both in proving you are ready and willing to work and if you are able to secure a position with comparable pay. When a person does not look for work, the other party can try to use that information to paint the plaintiff in an unfavorable light.
While lost wages are a common form of damage recovery, there are intricacies. Everything needs to be assessed as a whole, including an employer’s effort to mitigate damages and an employee’s efforts to move forward with their careers and land a job that pays them a salary in line with their experience and talents.
Do you have questions about securing lost wages in an employment lawsuit? Contact the lawyers at Coffman Legal LLC today. We are strong and committed advocates for all Ohio workers and use our experience and knowledge to help you. Call 614-949-1181 for a free and confidential consultation.