Damages for Emotional Distress and Lost Wages
Unlike wrongful termination cases, where damages to an employee who brings suit would be measured by the value of lost pay and benefits, damages in retaliation cases will be based primarily on three types of monetary losses.
First, an employee might be able to recover damages for emotional distress due to the unfair treatment at work. These emotional damages could include compensation for physical pain caused by the retaliation, loss of enjoyment of life, and/or depression and anxiety.
Second, there might be damages for harm done to an employee’s professional reputation and career, including demotion, removing certain duties, denying professional development or work opportunities, or being denied a promotion. This will depend on the employee’s job duties, pay, and job title.
Third, there may be lost wages if the employee is promoted to a work schedule where he or she works less, or the employee loses out on opportunities the employee previously had to earn a consistent amount of income, such as sales commissions or access to certain accounts.