Full question:
Have been w/ company for 20 years. Reported new manager to HR and Ethics Dept. because he had not paid hourly people overtime, but comp. time. He wanted me to do the same. Have been retaliated by him for 4 months. Company said they investigated claim of OT, but found out they did not. Company never addressed retaliation issue until now. What would be a fair settlement package? I worked my way up in the company w/only a high school education. Now am a Regional Ops. Mgr. making 80,000 a year. They have turned over to outside litigation attorney.
- Category: Damages
- Date:
- State: Illinois
Answer:
Abuse of authority occurs when a person uses authority unreasonably to interfere with an employee or the employee's job. It includes humiliation, intimidation, threats, and coercion.
Employers can be held legally responsible for harassment in their workplaces. Courts may impose penalties on the employer and the manager, even if neither of them was involved in the harassment. An organization that does nothing to prevent harassment, therefore, may well find itself facing serious financial and legal consequences.
The answer will depend on all the circumstances inolved, such as the types of losses you have suffered. For example, as a result of retaliation you may have had your hours or salary reduced, been denied vacation, etc. We are prohibted from giving a legal opinion, as this service provides information of a general legal nature. I suggest you contact a local attorney who can review all the facts and documents involved.
Actual damages can be measured. For example, ‘A’ suffers loss of income/wages due to injuries that resulted in A’s unemployment. Medical expenses and specific losses due to breach of contract. Amount awarded is according to the real harm, loss or injury sustained by an aggrieved party that can readily be proven. Such compensation does not include nominal or punitive damages.
Punitive damages are damages awarded in a lawsuit as a punishment and example to deter others from malicious, evil or particularly fraudulent acts. Plaintiff has the burden of proving that punitive damages should be awarded, and the amount, by a preponderance of the evidence. In order to succeed, the plaintiff must prove that the defendant's conduct was malicious, or in reckless disregard of plaintiff's rights.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
