How do you figure the worth of a claim
In a discrimination claim, how do you figure the worth of your claim? Can the loss of your life insurance coverage be considered a loss? How do you figure any back pay that maybe considered? And what can you considered as back pay? In some other case's you can seek 1,2,3 times your damages, is this also true in these types of claims?
Sincerely,
In Texas
Answers (1)
Valuing a Claim
I think most experienced lawyers would agree that valuing a claim is both art and science. The various factors are the amount of lost income, the likelihood of recovering damages for the psychological impact of the discrimination, the likelihood of success (which depends on a whole lot of other factors), jury awards in the area in cases that are similar, the "like-ability" of the employee, the size of the employer, and, last but not least, the advice from one's crystal ball. (Sorry, that last was an attempt at humor because there is no precise way to answer your question.)
The value of the loss of insurance coverage may be something that the employer would be required to compensate the employee for, but some judges have ruled that the employee must try to obtain similar coverage elsewhere before she or he can "blame" the former employer (in other words, require that it pay for that loss). So, if the employee lost health insurance, some judges would require proof that the employee tried to get health insurance from some other source and was denied, or it was so expensive that the employee could not afford it. And, too, it would be important to know what the employee had to spend for medical care because she or he no longer had that insurance.
For a GREAT (and longer) explanation of your rights under the various anti-discrimination laws, go to www.workplacefairness.org. That website is maintained by a charitable organization and is written for non-lawyers.
posted by Margaret A. Harris | Mar 24, 2004 7:21 PM [EST]
I think most experienced lawyers would agree that valuing a claim is both art and science. The various factors are the amount of lost income, the likelihood of recovering damages for the psychological impact of the discrimination, the likelihood of success (which depends on a whole lot of other factors), jury awards in the area in cases that are similar, the "like-ability" of the employee, the size of the employer, and, last but not least, the advice from one's crystal ball. (Sorry, that last was an attempt at humor because there is no precise way to answer your question.)
The value of the loss of insurance coverage may be something that the employer would be required to compensate the employee for, but some judges have ruled that the employee must try to obtain similar coverage elsewhere before she or he can "blame" the former employer (in other words, require that it pay for that loss). So, if the employee lost health insurance, some judges would require proof that the employee tried to get health insurance from some other source and was denied, or it was so expensive that the employee could not afford it. And, too, it would be important to know what the employee had to spend for medical care because she or he no longer had that insurance.
For a GREAT (and longer) explanation of your rights under the various anti-discrimination laws, go to www.workplacefairness.org. That website is maintained by a charitable organization and is written for non-lawyers.
posted by Margaret A. Harris | Mar 24, 2004 7:21 PM [EST]
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