How Much Is A Tennessee Employment Case Worth?

In addition to the types of damages that may be awarded in employment cases as discussed in Part 1 of this article, a thorough case valuation must consider damages caps and your duty to mitigate. Both topics are discussed below.

If you believe you have been wrongfully terminated, contact one of our experienced Nashville employment attorneys for a free online case review.

Damages caps are laws that limit the amount of compensatory and punitive damages that you may be awarded for your case. Damages caps exist under many federal and state employment laws including:

• Title VII of the Civil Rights Act of 1964
• Americans with Disabilities Act of 1990
• Tennessee Human Rights Act
• Tennessee Disability Act
• Tennessee Public Protection Act

Under federal law, compensatory and punitive damages combined are capped based on the size of the employer as follows:

• 15-100 employees ($50,000)
• 101-200 employees ($100,000)
• 201-500 employees ($200,000)
• 501 employees or more ($300,000)

Note that damages for race-based claims filed under 42 U.S.C. § 1981 are not capped at all.

Tennessee state law caps compensatory damages based on the size of the employer as follows:

• 8-14 employees ($25,000)
• 15-100 employees ($50,000)
• 101-200 employees ($100,000)
• 201-500 employees ($200,000)
• 501 or more employees ($300,000)

Punitive damages are not available under Tennessee law for discrimination claims. If you believe you have been wrongfully terminated, contact our team of experienced Nashville employment lawyers for a free online case review.

“Mitigation” is an extremely important legal principle, especially in employment cases. It simply means that a plaintiff cannot sit on his or her hands and let damages accrue. You must use “reasonable diligence” to locate “substantially equivalent” employment and failure to do so can cancel out a back pay award.

A “substantially equivalent” position offers similar compensation, promotional opportunities, job responsibilities, working conditions, and job status as the position from which you have been unlawfully fired. That said, you might not satisfy your duty to mitigate by insisting on an identical job with the same compensation.

It is important to note that the employer carries the burden of establishing that you failed to mitigate by showing that (1) your economic harm could have been reduced or avoided if you had sought suitable employment and (2) you did not exercise reasonable diligence in seeking such employment. If you do not make any effort at all to find suitable employment, the employer probably does not need to show that suitable jobs were available in your geographic area.

When it is clear an employer violated the law, defense attorneys immediately concentrate on mitigation. They will argue you did not use reasonable diligence in finding a substantially similar job. They’ll hire a damages expert to testify that based on your area’s economy, it is clear that you should’ve had a similar job in terms of job duties and pay by now.

Employment law plaintiffs can avoid providing defense lawyers such arguments by using “reasonable diligence.” This generally means that you are proactively seeking similar employment, e.g., registering with employment agencies, interviewing for open positions, applying for multiple jobs every week, discussing job prospects with friends and acquaintances, getting help with your resume, etc.

If you believe you have an employment law claim, do not wait to contact an employment lawyer. Many workplace discrimination and harassment claims have short deadlines.

Contact our knowledgeable employment attorneys in Nashville for an online case review.