How do I prove damages in a wrongful termination case?
In a wrongful termination case in Virginia, damages are the monetary compensation an employer must pay an employee for an unlawful termination. To prove damages, the employee must show that they suffered some type of actual loss, such as lost wages, or other economic losses. To prove damages, the employee must show evidence of “but for” causation. This means that they need to provide evidence that their wrongful termination was what caused them to suffer the damages. This could include evidence that other qualified applicants for the same job were not offered the position, provided that they were previously an employee of the company. In addition, the employee must also prove that their damages are the direct result of the wrongful termination. This means the employee must provide evidence of the wages they had received prior to the wrongful termination as well as any expenses related to the job search and relocation that they had to incur. The employee must also show that they tried to mitigate their damages. This means that they must provide evidence that they attempted to limit their losses by looking for a new job. This could include records of job applications sent out, resumes submitted, interviews attended, and other details about the job search. Finally, the employee must provide evidence of their emotional and mental distress. This can be done through a testimony or documentation of lost relationships, loss of reputation or career opportunities, and other emotional traumas caused by the wrongful termination.
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