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Federal "Caps" on punitive damage for Retaliation lawsuits.

Pendleton, OR |

Retaliation.. Told to cover up sexual assaults by an owner to my wife at work, job threatened, no investigation made, I was demoted when I reported the crimes to police, my contract was breached, and then I was terminated without reason. Much more to this case, but summarizing. The owners have several dozen hotels, each as a separate corporation. Currently I am waiting for the criminal trial date and the "right to sue" letter from "BOLI". In Oregon am I going to run into punitive "caps" for this type of lawsuit? And if so then would it be limited according to the small of that individual hotel corporation? I'm very concerned now because this has become a very large lawsuit and "caps" could literally create massive differences. Thank You for you time. Les

Attorney Answers 1


When punitive damages are available under state law, no caps apply. Federal discrimination claims under Title VII and the Americans with Disabilities Act are subject to caps in combined general and punitive damages, ranging from $50,000 to $300,000 depending on the size of the employer. Under state law claims, those caps do not apply, but 60 percent of any punitive damages awarded under state law becomes the property of the state victims compensation fund, with the remaining 40 percent split between the lawyer and the plaintiff.

The above comments are not specific legal advice, but constitute general comments only. For specific legal advice, consult a lawyer experienced in the area of law involved.

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