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Clearly, the key to fighting a wrongful termination suit by a former employee is to prove that their claims are baseless. If the employee is a member of a protected class and is claiming discrimination, you will have to provide evidence of the misconduct or poor performance that was the true reason for termination.
Carefully review any offer from your employer, as opposed to accepting on the spot. Be sure that all terms and conditions are confirmed in writing and signed by both parties. Never accept the first offer, as you may be able to negotiate something better.
In general, readers who had a wrongful termination claim against a large employer (with more than 100 employees) received an average of $43,400 in compensationalmost twice as high as the average for readers who'd worked for smaller employers. Large employers may simply have the money to offer higher settlements.
Wrongful Termination Average Settlement AmountsDifferences in wages or income between the employee's prior and new employment. Loss of job benefits, such as health insurance, pensions, or stock options. Out-of-pocket expenses, such as costs incurred in a job search for new employment.
A study of wrongful termination suits from several years ago demonstrated that employees usually stand about a 50/50 chance of winning their case in the courtroom. Similarly, for the employer, even if they believe that they can prevail in the courtroom, the process can be damaging to the company as a whole.