Finding a new job while wrongful temination case is in progress

[Banyan]

What is the name of your state? California

I am working with a law firm regarding my wrongful termination case. I was fired early this year immediately after returning to work from a protected FMLA.

My question: If I find a new job while my case is in progress, will it potentially affect unfavorably the amount of settlement?

 

[quincy]

What is the name of your state? California

I am working with a law firm regarding my wrongful termination case. I was fired early this year immediately after returning to work from a protected FMLA.

My question: If I find a new job while my case is in progress, will it potentially affect unfavorably the amount of settlement?

What has your attorney said about it?

Generally speaking, the sooner you find a new job, the less compensation you will receive in a successful wrongful termination suit because your losses are less.

But all facts matter.

 

[Taxing Matters]

My question: If I find a new job while my case is in progress, will it potentially affect unfavorably the amount of settlement?

Potentially, yes. But there is no guarantee that deliberately sitting out and not looking for a new job will help you get more. I would expect the defendant to argue that you are not entitled to damages for periods which you could have worked but deliberately chose not to work. So you might be giving up a sure thing in a paycheck at the risk that you wont get awarded that lost income in the lawsuit. The sure thing, if you can get the job, is likely better than rolling the dice and taking a risk on what award you may get later. Moreover, it is likely better for you to have paychecks coming in while the litigation goes on — you still have bills to pay after all, right? And the less gap you have in your employment history, likely the better impact on your career prospects. I would not tell clients to deliberately not work to try to pump up damages for those reasons, absent something unusual. I echo quincy's implied suggestion that you discuss it with your lawyer.

 

[Chyvan]

I was fired early this year immediately after returning to work from a protected FMLA.

My question: If I find a new job while my case is in progress, will it potentially affect unfavorably the amount of settlement?

Didn't you apply for unemployment? You're required to look for work each week, and accept suitable employment if offered.

 

[PayrollHRGuy]

Didn't you apply for unemployment? You're required to look for work each week, and accept suitable employment if offered.

OMG, a UI claim is a completely insignificant issue for the OP in this case,

 

[Chyvan]

OMG, a UI claim is a completely insignificant issue for the OP in this case,

There could be up to $11,700 on the table. It could represent approximately 50% of a lower income claimant's prior gross wages for 26 weeks or less if capped out by the max benefit of $450/wk. Hardly an insignificant sum.

 

[quincy]

Didn't you apply for unemployment? You're required to look for work each week, and accept suitable employment if offered.

Banyan may not have qualified for unemployment benefits, depending on the reasons for the firing.

There could be up to $11,700 on the table. It could represent approximately 50% of a lower income claimant's prior gross wages for 26 weeks or less if capped out by the max benefit of $450/wk. Hardly an insignificant sum.

Or, depending on how "early this year" Banyan was fired from the job, it is possible Banyan is here now because unemployment benefits ran out.

If Banyan has success with the wrongful termination claim, what is figured in way of compensation, as far as "lost wages" go, (generally) will be the difference between the old wages earned and any new wages. Also included in compensation can be the costs involved in finding a new job.

I don't believe most who are victorious with their wrongful termination suits walk away with as much money as they might anticipate. Of course, this depends on all facts and we have few here.

But having a job while a wrongful termination case is still in the courts potentially could affect the amount awarded, as can collecting unemployment benefits. I would say on the whole it appears smartest for an employee to move into a new job as quickly as possible after being terminated from an old job, regardless of any lawsuit s/he might be pursuing.

 

[Taxing Matters]

I would say on the whole it appears smartest for an employee to move into a new job as quickly as possible after being terminated from an old job, regardless of any lawsuit s/he might be pursuing.

Exactly. Being employed and having a guaranteed income beats sitting at home and taking the risk that a jury might not award him or her the full amount of lost wages claimed.

 

[quincy]

Exactly. Being employed and having a guaranteed income beats sitting at home and taking the risk that a jury might not award him or her the full amount of lost wages claimed.

I have to say that sitting back and doing nothing while collecting unemployment does have some appeal, though. Haha.

 

[Banyan]

thank you all for the responses. Yes, I am collecting UI and yes, I am applying for jobs as a requirement for collecting UI.

 

[quincy]

thank you all for the responses. Yes, I am collecting UI and yes, I am applying for jobs as a requirement for collecting UI.

Thank you for adding that information for us.

Good luck with your wrongful termination suit.