How much of an award is given if a person is wrongfully terminated because of a disability?

Answer 1

The elements of such an award will depend on the laws of the state and the federal Americans with Disabilities Act. (ADA). An award of damages in this kind of suit can consist of legal and equitable relief. The legal relief would consist of compensatory and possibly punitive damages as well as an award of plaintiff's counsel fees. Compensatory damages would include monetary losses incurred as a result of the termination, such as back pay, expected increases in pay, lost bonuses, costs of finding a new job, etc. Also sometimes, wrongful termination laws provide for automatic doubling or tripling the compensatory damages. Punitive damages could be like a fine payable to the plaintiff, not the state, against the company because the termination is an intentional action that is illegal. If the compensatory damages are increased, punitive damages might not be awarded, since the doubling or tripling of compensatory damages has the effect of punitive damages. Plaintiff may be awarded money to pay the lawyer. (that one is my personal favorite part of the damages). This is important because many jurisdictions do not make the loser of a lawsuit pay the winner's legal fees. Equitable relief would be something like restoration to position, increase in rank or restoration of sick days, personal days, vacation days that would have been earned if plaintiff had been working all that time.

Answer 2

There are no set awards of damages in civil cases. The jury must consider the relevant facts, and estimate the appropriate amount to "make the plaintiff whole" or put the plaintiff in the place where he/she would have been if not wronged.