Results 1 to 7 of 7

Hybrid View

  1. #1
    Join Date
    Jan 2015
    Posts
    1

    Default How to Determine the Value of a Wrongful Termination Case

    My question involves labor and employment law for the state of: MO

    Fortune 20 Company

    Full Time/Full Benefits

    Multiple confirmed violations of USSARA (military duty obligation law) on multiple, separate, occasions.

    Violations of Disability Law: Individual was fired just days after informing the company that they might have a potentially terminal illness

    Company did not pay individual their last paycheck, and then sent a letter to the former employee saying they were overpaid on their last paycheck they never received,
    And if the balance was not paid in X days, it would go to collection. The balance is currently in collections impacting the individual's credit.

    Company canceled the employees health insurance benefits a week after termination, though a full month of insurance had already been paid for due to the paycheck cycle.

    Company denied unemployment benefits to individual, claiming that they voluntarily left the company.

    Company refused to send legal documents when legal summons was served for an explanation of why the individual was terminated.

    ------------

    The said individual and company in question are now going to mediation to negotiate, but given the major violations of this company, a number is becoming more and more difficult to come up with. If this was you, or if you've had experience with something similar to this, what is a dollar amount you would consider fair? Or would you just take it to trial? The former employee allegedly has documentation of all the claims above, and has been out of work for almost a year. I told them I would give a number by tomorrow to help, but I'm even having a hard time coming up with one. What do you think?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How Much Sould This False Term. Case Settle for

    Who are you in the situation?

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How Much Sould This False Term. Case Settle for

    I think you are interpreting these as violations and ranking their severity according to your inexperience because no good lawyer would be here asking. The answer is it would take a great amount of additional knowledge to begin to evaluate each and every claim you have made is true and severe.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How Much Sould This False Term. Case Settle for

    You've got some of your facts wrong, too. For example, the employer does NOT deny unemployment. They may or may not have claimed a voluntary term, but the state, and only the state, decides whether or not to grant unemployment benefits. The employer has the legal right to appeal any and all claims, just as the employee has the legal right to file one, regardless of the reason for the termination. The employer does not have the authority or the ability to grant or deny unemployment benefits.

    That's one that's definitely wrong. There are several other "violations" in your list that are only violations if you assume a certain set of facts which may or may not be true.

    So before I even address them, I want to know the answer to Doggie's question.

  5. #5
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: How Much Sould This False Term. Case Settle for

    Agree, we need to know who you are before we can possibly respond.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Determine the Value of a Wrongful Termination Case

    When lawyers are trying to determine the value of a wrongful termination case, they very often employ the services of a financial expert who can analyze factors including the labor market, the former employee's credentials and job qualifications, the former employee's earning history, the former employee's future job and wage prospects, economic trends within the industry (or industries) in which the former employee might become employed, the former employee's likely retirement age, and who can discount the future economic losses to present value.

  7. #7
    Join Date
    Jan 2015
    Location
    Bedford, Texas
    Posts
    109

    Default Re: How to Determine the Value of a Wrongful Termination Case

    In my experience employers will only mediate early with a former employee if the former employee does not have counsel because they know the person on the other side has no idea what the claims might be worth and the employer stands to take advantage of the imbalance of knowledge. The employer will either come in with counsel, will be the company's employment counsel, or send in somebody will clear instructions from counsel how to negotiate.

    If you want to know how to value your claims then your best path is to hire counsel. The employer may decline to mediate once you show up with counsel or if you give notice that you will appear with counsel but all that will tell you is that the employer was not going to give you fair value on your claims.

    1. Sponsored Links
       

Similar Threads

  1. Getting Fired: Litigating a Wrongful Termination Case Pro Se
    By wizeguy68 in forum Employment and Labor
    Replies: 3
    Last Post: 05-08-2010, 02:53 PM
  2. Getting Fired: Do I Have a Case for Wrongful Termination
    By FedUp45 in forum Employment and Labor
    Replies: 4
    Last Post: 10-05-2009, 09:32 AM
  3. Getting Fired: Do I Have a Case for Wrongful Termination
    By sam.lilly in forum Employment and Labor
    Replies: 2
    Last Post: 10-23-2008, 11:52 AM
  4. Getting Fired: Do I Have A Case Of Wrongful Termination Or Some Other Labor Law
    By MrDave in forum Employment and Labor
    Replies: 1
    Last Post: 06-10-2008, 07:33 PM
  5. Getting Fired: Wrongful Termination - Do I have a Case?
    By daddysbaby in forum Employment and Labor
    Replies: 6
    Last Post: 01-30-2006, 12:02 PM
 
 
Sponsored Links

Legal Help, Information and Resources