Monday, September 1, 2008

"Won't a jury award me a more money if I don't find another job after the discriminatory firing?"


The short answer is "no." Although a jury can award lost wages to a victim of workplace discrimination, it will can award such lost wages that could not be avoided by making a reasonable effort to find comparable employment. A court can deny lost wages to a discrimination victim who does not make such an effort when the defendant can prove that comparable jobs were available. A comparison can be drawn between with your claim for emotional distress. If you suffered a psychological injury such as depression or post traumatic stress disorder (PTSD) as a result of a discrimination at work, you should immediately seek treatment from a physician or mental health professional. If you don't, the defendant may argue at trial that you could have alleviated your own suffering or, worse, that your suffering is feigned. This should be no surprise. This is common sense. So, if you're sitting around at home watching day-time television just waiting for your day in court, you're probably not doing your discrimination lawsuit any favors. If you need mental health treatment, go get it. If you need an income, go get a job.

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