How Much Is Your Employer Retaliation Case Worth?

Retaliation occurs when an employer punishes an employee for participating in a lawfully protected activity. Protected activities take many forms, such as reporting an unsafe work environment, filing a discrimination complaint, taking a leave of absence or opposing wage violations.

How much your employer retaliation case is worth depends on several factors. An experienced attorney can help you negotiate a favorable settlement or get an optimum outcome in a litigation case. However, understanding what affects the amount can help you manage expectations. This article breaks down what you need to know.

How Much Is a Retaliation Case Worth?

There is no definite answer. Factors that determine your case’s value include:

1. Nature of the Retaliation

The type of retaliation plays a fundamental role. A pattern of retaliatory behavior also strengthens your case. Retaliatory activities may include:

• Termination: One of the most extreme forms of retaliation is when an employer fires an employee engaged in protected activity.
• Demotion and reduced duties: Demotion or reduced job responsibilities may also be a manifestation of blatant retaliation if they occur shortly after participating in a protected activity.
• Negative performance evaluations: If an employee suddenly starts receiving unwarranted scrutiny and unfair performance reviews after participating in a protected activity, they may have a valid retaliation concern.
• Job reassignment: A role reassignment, shift change and relocation that are undesirable and negatively affect the employee may constitute retaliation if there is no reasonable basis for such changes.
• Harassment: An employer can retaliate and subject an employee to an unfavorable work environment by harassing and being hostile to them.
• Career repression and raises: Following a protected right activity, an employer may bypass an employee regarding career progression opportunities and raises.
• Exclusion: Retaliation may also take the subtle form of workplace exclusion, which was not there before, such as being excluded from meetings, office conversations and professional opportunities.  Generally, the employer’s actions against the employee must be considered “materially adverse” to be legally actionable, whereas actions that are considered “petty slights” are typically not legally actionable.
• Disciplinary action: Taking disciplinary action against an employee for engaging in a protected activity is an obvious act of retaliation.

2. Impact on the Employee

Employer retaliation can have myriad adverse implications, including:

• Emotional distress: Generally, courts have the discretion to determine damages for emotional distress. Evidence of emotional or psychological harm can lead to higher compensation.
• Financial losses: Lost wages, benefits and future earning potential are usually included when calculating the compensation for employer retaliation.
• Career impact: If the retaliation has a long-term effect on your career prospects, the lawsuit’s value can increase.

3. Evidence Available

How much your employer retaliation case is worth is influenced by the quality and strength of your evidence. In 2024, there were over 40,000 retaliation cases across all states, with Pennsylvania accounting for more than 2,000. However, only 17.7% received merit resolutions, where a reasonable cause was found.

Having strong proof to support claims, such as emails, performance reviews and witness testimonies, can enhance the case’s credibility and value. Also, the timeline of events leading up to and following the retaliation action can establish a causal link.

4. Litigation or Settlement Costs

Employer retaliation compensation may include legal fees. Attorney’s fees sometimes exceed the worth of the case, which can increase the settlement value.

What Damages Can You Recover in a Retaliation Case?

Apart from monetary compensations, the court may impose corrective actions on your employer, which can include implementing new workplace policies or reinstating you in your old position. The law considers the following damages:

1. Economic Damages

You may recover economic damages for past and future monetary losses caused by employer retaliation. This means a higher income can result in larger compensation. Examples of economic damages include:

• Salary
• Commission
• Bonuses
• Hourly wages
• Benefits

2. Pain and Suffering Damages

If employer retaliation caused any of these negative emotions, you may be entitled to pain and suffering damages:

• Emotional pain
• Humiliation
• Mental suffering
• Frustration and anger
• Embarrassment
• Reputational harm

These can be more challenging to recover than economic damages. To prove you suffered from emotional harm, it may be helpful to undergo an official examination from an expert who may also testify at trial on your behalf.

3. Punitive Damages

In particularly egregious employer retaliation lawsuits, employees may be able to recover punitive damages. These are intended to punish the company for malicious, oppressive and fraudulent acts.

Case Examples

The EEOC publishes certain retaliation cases, serving as examples of what happens to employers who violate antiretaliation provisions.

1. $45,000 Retaliation Lawsuit

A hospital was charged $45,000 in an EEOC retaliation lawsuit due to terminating a Black nursing aide as retaliation, six days after reporting her co-worker who called her the “n-word.” The termination violates Title VII of the Civil Rights Act of 1964’s antiretaliation provision, which states you cannot fire employees who engaged in protected activities, like filing a discrimination complaint.

Apart from paying the $45,000 to the nursing aide, the hospital must also:

• Adopt and distribute antidiscrimination and antiretaliation policies.
• Display a notice regarding the settlement in the workplace.
• Train employees on federal laws prohibiting employment discrimination.
• Report to and let EEOC monitor complaints of discrimination, harassment and retaliation.

2. $70,000 Retaliation Lawsuit

A department store chain was charged $70,000 in a retaliation lawsuit for firing an African-American employee due to a discrimination complaint. The new store manager revoked her pregnancy-related accommodation and transferred her to a different department, affecting her previously stellar performance. The employee filed a discriminatory complaint based on her race and pregnancy.

Instead of addressing the complaint, the department store reduced the employee’s work hours and eventually fired her, violating Title VII of the Civil Rights Act of 1964’s antiretaliation provision.

3. $275,000 Sex Discrimination and Retaliation Lawsuit

Automobile dealership owners were charged $275,000 for discriminatory hiring and retaliation against HR employees. The owners refused to hire women for sales jobs and men for office jobs, with one owner believing that women aren’t suited for sales, while men don’t excel in the office. When the HR employees opposed this practice, the employer made their work environment hostile and forced them to quit.

The lawsuit showed that the employer refused to hire over a dozen men and women due to their sex, violating Title VII of the Civil Rights Act of 1964.

Laws Protecting Employees From Retaliation

Several laws include protection from retaliation for exercising your rights. Protected activities generally fall under the following federal laws, though states may have additional laws:

• Title VII of the Civil Rights Act: If employer retaliation takes the form of discrimination based specifically on race, color, religious affiliation, sex or national origin, you are protected under federal law. The law also protects you from retaliation if you file a complaint against discrimination or participate in its investigations.
• Family and Medical Leave Act: Under the FMLA, employees in schools, public agencies and private companies that employ 50 people or more are entitled to unpaid leave for family and medical matters. This leave is a protected right that attracts legal action if an employer retaliates against you for taking or asking for it.
• Fair Labor Standards Act: The FLSA is a labor law that guarantees the right to minimum wage and protects employees from retaliation if they file complaints regarding wage and hour violations.
• Occupational Safety and Health Act: The Occupational Safety and Health Act (OSHA) protects employees from employer retaliation if they report workplace hazards and safety violations. It also protects against retaliation if you were to take part in workplace safety investigations.
• Whistleblower Protection Laws: These whistleblower laws protect employees of covered employers who report ethical issues in the workplace. An employer can face legal action under these laws if they retaliate following a report of fraud, misconduct and other ethical concerns.

What Should You Do If You Suspect Employer Retaliation?

If you suspect you have been a victim of employer retaliation, you have several legal options available. If you’ve been retaliated against for making a good-faith complaint of discrimination based on a legally protected class, file a formal complaint with the United States Equal Employment Opportunity Commission (EEOC). Filing a complaint is a lawfully protected activity, and workers can pursue some cases entirely through the EEOC without filing a lawsuit.

If you cannot resolve your dispute through the EEOC, you can request a right-to-sue letter, which authorizes you to file a lawsuit against your employer in court. You may be entitled to damages if you carry out your dispute with a lawyer or with an EEOC charge.

Some retaliation claims can be filed directly into the court system, with OSHA or with the National Labor Relations Board (NLRB). Quickly identify where to file and when because some claims have filing deadlines as short as 30 days.

Frequently Asked Questions

To further help you manage your expectations, consider the following questions and answers:

What is a reasonable settlement amount?

A reasonable settlement amount depends on your specific case. Consider the gravity of the employer’s conduct, your monetary and nonmonetary losses, the strength and quality of your evidence, and your employer’s company size. A legal professional can help you determine the value of your case.

How hard is it to win a retaliation lawsuit?

You need to prove the causal relationship between your protected activity and the employer’s adverse action, which can be tricky without solid proof. However, experienced legal professionals can significantly impact the outcome of your case. They can help you gather evidence and negotiate settlement amounts. Law firms, such as Weisberg Cummings, can help you protect your rights and provide knowledgeable insights tailored to your situation.

What makes a strong retaliation case?

You may have a strong retaliation case if you have well-documented evidence of the employer’s retaliation. Statements from co-workers, employee records, medical professional testimonies and therapy records can help you. The employer must also know of your protected activity to establish a causal connection.

Contact Weisberg Cummings for Professional Support

To determine how much your employment retaliation case is worth, consider what you can claim in damages and the potential expenses. Remember that the amount awarded in workplace retaliation settlements can vary widely based on many factors. Since every case is unique, it’s best to contact an employment attorney to evaluate your case and provide personalized advice. Weisberg Cummings is ready to help.

We have handled many employment retaliation cases in Pennsylvania, supporting employees regardless of case complexity. Our trained attorneys will listen to your case and assist you in developing a practical legal strategy. We have the resources to achieve the best possible outcome. Contact us now for a free consultation!