There Are Numerous Forms Of Recovery Available

The Missouri Human Rights Act recognizes several forms of discrimination, including age, sex, gender, race, disability and national origin. If an employer discriminates against an employee or applicant through an 'adverse employment action' the employee may be entitled to money damages and other awards.

The following are examples of the types of recovery available:

• Back-Pay and Lost Wages
• Reinstatement
• Front-Pay
• Compensatory and Emotional Distress Damages
• Punitive Damages
• Injunctive Relief
• Attorneys' Fees and Costs

Back-Pay and Lost-Wages

Back-pay and 'lost-wages' are the most common form of money damages claimed. Awards are typically calculated from the date of the discrimination or adverse employment action to the date of trial.

If you are making a claim for back-pay which you lost because you were wrongfully terminated, it is important to not that you have a duty to mitigate those damages. For example, even if you are fired in violation of the law you still have a duty to reasonably seek comparable employment. If there are no jobs available or you aren't hired for some reason it won't likely impact your recovery. However, if your former employer demonstrates that you could have obtained employment with another employer within a reasonable time it is possible your award for back-pay could be reduced.

Reinstatement

Reinstatement in a less common form of award in employment discrimination and wrongful termination cases. Courts are generally reluctant to force an employer to restore a wronged employee to his or her original position. However, in particular circumstances employees have been granted reinstatement and been placed back in their original employment position.

Front-Pay

Front-pay damages are similar to back-pay in that they are intended to compensate an employee for wages and benefits that the employee has lost because of an employer's discriminatory action. Front-pay damages, as the name suggests, are typically calculated based on future and potential earnings.

Compensatory and Emotional Distress Damages

Compensatory and Emotional Distress damages are generally claimed to recover for all other losses beyond monetary loss which result from discrimination or wrongful termination. Emotional distress

Punitive Damages

Punitive damages are available in cases where the employee can prove that the employer acted with willful and wanton misconduct. These damages are reserved for particularly egregious offenders and are meant to punish employers and deter such conduct in the future.

Injunctive Relief

Injunctive relief is a type of remedy issued by the court to put a stop to discriminatory employment or hiring practices. The order typically requires the employer to conform to the law or some particular standard, and if the employer fails to follow the order it is subject to further action and being held in contempt of court.

Attorneys' Fees and Costs

Attorneys' fees and the costs associated with prosecuting an employment discrimination claim are only obtainable by the plaintiff's attorneys if they prevail. Due to the particularly damaging effects on employees when employers break discrimination laws, the State of Missouri has made the recovery of attorneys' fees available in order to encourage the prosecution of valid claims which might otherwise not have been economically feasible to pursue. At the end of trial the Court will review the amount of time and resources and make a determination about what should reasonably be paid for by the defendant.

Contact Our Employment Law Firm To Discuss Your Potential Recovery Options

To set up a consultation, please contact Attorney Jason Finkes at (314) 645-4100, fill out our contact form, or email us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it