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December 15, 2024 · Benjamin J. Treger
An Honest Overview of Employment Case Valuation
It’s the first question almost every client asks. The honest answer is: it depends. But “it depends” doesn’t mean “we have no idea.” Employment cases in California are valued based on specific, identifiable categories of damages, and an experienced attorney can give you a realistic range early in the process.
This is the foundation of most employment claims. Lost wages include past lost earnings (from the date of termination to trial or settlement) and future lost earnings (projected forward based on what you would have earned). Benefits like health insurance, retirement contributions, bonuses, and stock options are also included. The higher your compensation and the longer you were out of work, the larger this number.
California allows recovery for the psychological harm caused by illegal employment actions. Wrongful termination, harassment, and discrimination cause real suffering: anxiety, depression, loss of sleep, strained relationships, loss of self-worth. These damages are harder to quantify but they are real, and juries take them seriously. The severity and duration of the emotional impact, supported by testimony and sometimes medical records, drive this number.
In cases involving malice, oppression, or fraud (which includes many discrimination and retaliation cases), courts can award punitive damages. These are designed to punish the employer and deter future misconduct. Punitive damages are not available in every case, but when they are, they can be substantial, sometimes a multiple of the compensatory damages.
Wage and hour cases carry their own penalty structure: waiting time penalties, wage statement penalties, PAGA penalties, liquidated damages, and interest. These stack on top of the underlying wage shortfall and can multiply the total recovery several times over.
Many California employment statutes are fee-shifting, meaning the employer pays the employee’s attorneys’ fees if the employee prevails. This doesn’t go into your pocket directly, but it means your attorney’s costs are not coming out of your recovery.
Clear documentation. A short timeline between the protected activity and the adverse action. Inconsistent explanations from the employer. Witnesses. A pattern of similar treatment toward other employees. And an employer with the resources to pay a judgment.
At Treger Legal, we evaluate cases honestly. If we take your case, it’s because we believe in it. The consultation is free.
This post is for informational purposes only and does not constitute legal advice. Case values depend on specific facts and circumstances. Consult with a qualified employment attorney.