The Avvo board is not really set up to handle the kind of detailed discussion necessary to give you a complete response. It works best for short, general questions with short, general answers. More importantly, it is not confidential and your employer could be reading every word here.
Yes, it is possible to prevail in a wrongful termination in violation of public policy case if the plaintiff does not want to return to work with the same employer. Typically, an employee who sues an employer will not end up working there again for a variety of reasons.
You have not provided any details regarding your situation, so it is impossible to contemplate settlement details. Generally, settlements take into consideration the facts of the case, the relevant law and how clearly-developed it is, the resources of the plaintiff employee, the resources of the defendant employer, the experience and reputation of the attorneys, and much more.
Similarly, it is impossible to determine how much it would cost to sue your employer for wrongful termination in violation of public policy. Are you asking about court costs, expert witness fees, courier services, depositions and transcripts, trial exhibits, filing fees, and jury fees? Are you asking about attorney's fees? Are you asking about paying an attorney on an hourly basis? A contingency basis? A hybrid basis?
It may or may not be more difficult to find work if a person has sued a former employer. It depends on whether a potential employer runs a background check; court records are public, so anyone can learn who sued whom and what happened in the case. Many potential employers think twice before hiring an employee who sued a previous employer, but even this is far from absolute.
If a potential employee has been fired multiple times, most employers would probably look elsewhere to fill the position, unless there were compelling reasons not to.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
Yes, you can sue for wrongful termination to get damages but not yet your job back.
You haven't articulated the basis for the wrongful termination claim. Was it due to a violation against public policy? Was it based on breach of contract? How long did you work there? Is the employer a deep pocket? How bad was the violation? Without knowing the details of your situation, it is not possible to advise you of what type of settlement you could get. Most civil lawsuits do not go to trial anyway.
Most attorneys who handle such cases would do so on a contingency fee basis.
Yes, people who sue employers inevitably find it more difficult to find future employment. No employer really wants to hire someone who might sue them in the future, regardless of the validity of the prior lawsuit.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
You can sue for wrongful termination even if you don't wnat your job back. In fact suing for wrongful termination virtually insures you wont get your job back. One last comment: the belief that the defendant will settle and not go to trial because of the "obvous" evidence that they will win the case, is really a misperception. Obvious to you is not obvious to others, and part of ligitatoin is the staying power to last until trial. A sprinter may be faster than a marathon runner, but in a marathon, the long distance runner doesn't quit, he perseveres. The balance of your questions are best asked during an interview with an attorney.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.