Ask a Wrongful Termination Attorney: Can I Look for Other Work During a Wrongful Termination Case?

Ask a Wrongful Termination Attorney: Can I Look for Other Work During a Wrongful Termination Case?

Being without work is frightening, especially when you’re dealing with a lawsuit that’s taking up time and money. You may be wondering when you can start looking for work again after your termination. It may vary depending on the case you’re dealing with, so speaking to a wrongful termination attorney in Kansas City is always best.

Ask a Wrongful Termination Attorney in Kansas City: Can I Look for Other Work During a Wrongful Termination Case?

If you’ve been wrongfully terminated, then you may start looking for work again as soon as possible, as long as you document it. Document every job you do, whether it’s a one-time gig, a temporary part-time job, or full-time employment at a new company. Note the date you started and ended each job you do while your lawsuit is going on, and ensure you take note of what each job paid, too.

If you accept a new permanent position that pays less than the one at your old company, then be sure to let your attorney know. If you win your case, your former employer may have to pay you a sum to compensate for the lower payment you now have to take. How much you’ll get and what period this compensation will cover varies.

Can I Accept Unemployment While I’m Dealing With an Unemployment Case?

If you’re out of a job, then yes, you can file for and accept unemployment. Any attorney will tell you this. Check out this page to learn more about your rights by contacting a wrongful termination attorney.

Do I Have to Disclose That I’m On Unemployment?

 Make sure your attorney knows that you’re currently getting unemployment payments, as you don’t want to hide anything about your income situation during a wrongful termination case. It would also be a good idea to continue looking for work while taking unemployment, as this reflects well on you.

What If I Accept a New Position That Pays More Than My Old One?

If you accept a new position that pays more than your old one during your wrongful termination case, then it shouldn’t impact your case. Your former employer still may owe you back pay, and they could owe you other forms of compensation if you can prove your termination was wrongful. You may also be compensated for the time you spent unemployed between the end of your former position and the start of your new, higher-paying one.

What Compensation Can I Win in a Wrongful Termination Case?

1. Back Pay

As stated previously in this article, you’re entitled to any wages your employer has yet to pay you. This includes an unpaid final paycheck, any bonuses you were due but missed out on due to your termination, and more.

2. Time Spent Unemployed

You may be compensated for the time you spent out of work between losing your old job and acquiring a new position. The number of days you had temporary paid work during your case will be excluded from the number of days you’re compensated for.

For example, let’s say you spent 130 days without a permanent job between being fired and accepting a new permanent position. If you had temporary work for 30 of those days, then you’d only be fully compensated for 100 days without work.

3. Employment Search Expenses

If you had to pay for something while trying to acquire a new position, then you may be compensated for it. You may be compensated for expensive commutes on public transport to get to an interview, training you had to do before you could be eligible for your new position, or equipment you need to purchase after accepting a new job. How much you could win and what expenses are covered varies depending on the situation.

4. Emotional Damages

Being fired can be incredibly jarring. Plus, if you’re fired based on discrimination or other stressful reasons, then you likely have even more emotional pain. Speak to your attorney about what emotional damages you could win.

5. Punitive Damages

Your former employer may have to pay punitive damages. Punitive damages are designed to punish the person who did wrong in your case. It also helps make an example out of them so other people in their position won’t make the same mistakes.

6. Reinstatement of Employment

In most wrongful termination cases, winning your case results in you being offered your job back. The person who wrongfully terminated your position may also be let go by someone higher up in the company. This will give you a more welcoming job to return to. However, you’re not obligated to return to your position if you’d rather find a new job.

You’re free to start searching for a new job, accept unemployment, and accept a new position while you’re dealing with a wrongful termination case. Wrongful termination cases can last months or years, so finding new work to get yourself stable again is always a good idea.

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