What Types of Damages are Recoverable?
In most employment cases an employee can recover the value of his or her lost pay and benefits and damages to reasonably compensate for emotional distress caused by the employer’s illegal actions. Some employment claims do not permit recovery of emotional distress damages, and under the federal discrimination laws emotional distress damages are “capped” at $300,000. Most employment laws provide for the recovery of attorney fees, but these are likely to be recovered only where a case is taken to trial and won.