How Much Is A Whistleblower Lawsuit?
By Corey Hanrahan
How much is a whistleblower lawsuit? That is not an easy question to answer without more details, because it really depends. There are many factors that to into valuing any lawsuit, including whistleblower lawsuits. However, of all the factors, the two main factors that go into valuing a whistleblower lawsuit are the same as I consider for wrongful termination lawsuits: (1) strength of liability, and (2) measure of damages.
“…The employer will usually always vehemently deny retaliating against whistleblowers, and may even deny the employee even “blew the whistle” at all. Therefore, having tangible proof to support a whistleblower claim, and being represented by an experienced employment attorney, can be very important…“
Not all whistleblower lawsuits are the same. Some cases have stronger evidence than others, which lends itself to much stronger liability. And some cases, on the other hand, have higher damages. There are some cases that have both strong liability and strong damages. In large part, the more documentary evidence you have showing whistleblower retaliation, the stronger the liability in your case will be – which, in turn, generally increases the value of the case. The employer will usually always vehemently deny retaliating against whistleblowers, and may even deny the employee even “blew the whistle” at all. Therefore, having tangible proof to support a whistleblower claim, and being represented by an experienced employment attorney, can be very important.
In addition to the strength of liability, the value of a whistleblower claim is likewise determined by the damages that you have suffered. For example, you could have a very strong liability case, but maybe your damages are lower. All employees who are terminated have a legal duty to mitigate their damages (which means, you have a duty to go out and find a new comparable job). If you do a good job of that, you may only have a short period of lost wages. Noneconomic damages, like emotional distress, also factor into your damages, though. However, jurors oftentimes weigh economic damages more than noneconomic damages, since they often have a difficult time putting a monetary value on something like pain and suffering.
Valuing any employment case, including whistleblower claims, can be a complex task. You are best to make sure you have a skilled and knowledgeable employment attorney in your corner to make sure you do not leave any money on the table. If you are a whistleblower who has been retaliated against, Attorney Corey Hanrahan is here to help. Contact The Hanrahan Firm for a free consultation.