This webpage focuses primarily on wrongful discharge settlements in the state of Alabama. It is very unusual for great cases to go to court, as they normally reach settlement out of the courtroom.
Almost all of these court cases consist of mixed verdicts, meaning that they implicated one particular, or several claims of unlawful firing attributable to firing in violation of public policy, gender discrimination, sexual orientation, gender expression or gender identity discrimination, disability, breach of employment contract or age discrimination.
The data displayed exhibits a summary of the various types of claims filed in addition to their volumes in the state of AL in 2018.
| State | 2018 Total Charges | % of Total USA Charges | Race | Sex | Natl Origin | Religion | Color | Retaliation All Statutes | TVII Retaliation | Age | Disability | EPA | GINA |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Alabama | 2488 | 3.3% | 1187 | 838 | 64 | 58 | 99 | 1208 | 1085 | 591 | 611 | 30 | 41 |
Source: https://www1.eeoc.gov/eeoc/statistics/enforcement/state_18.cfm
Wrongful discharge cases & settlements in AL
$ 70,000
3/23/2017
EEOC v Rite Way Service, Inc.
Mekeva Tennort worked as a janitor for Rite Way Inc. In 2011, she participated in an internal investigation concerning a sexual harassment complaint made by a colleague. Soon afterward, the employer started giving Tennort written warnings about untrue performance issues. She as later terminated based on these unfounded accusations.
The EEOC sued the company on behalf of Tennort, for wrongful termination due to retaliation.
Rite Way Inc. agreed to pay $70,000 to Tennort to settle the unlawful retaliation claim. Source
$ 1,000,000
3/17/2003
Rose Marie Harshberger v. Hanger Prosthetics & Orthotics, Inc.
Harshberger suffered a broken knee cap on the job. She returned to work in March, 2001, and her employer claimed it had eliminated Harshberger’s job in November 2000 to downsize and lay off employees for budgetary reasons. No one ever told Harshberger until she returned to work after her injury in March 2001.
The court found that the employer was guilty of deceitful conduct and awarded Harshberger $850,000 in punitive damages and $150,000 in compensatory damages. Source
$ 50,000
3/25/2011
BLACK CREEK, INC. v. WOOD
Ray Keith Wood suffered an injury on the job, pulling his forearm as a machinist in 2000. His arm was operated on, and he continued work in a brace. After experiencing pain in both arms, Wood informed his supervisors that he had to go see the doctor. He did not get permission to leave work, but he still left to see the doctor, and later filed for workers’ compensation. The details of the case are complicated.
Wood was fired not long after, and he sued the company for retaliatory discharge.
He was awarded $30,000 damages for mental anguish and $20,000 damages for past lost wages. Source
$ 75,000
3/24/2014
EEOC v Winfield Rubber Inc.
Mark Holmes, a plant manager for Winfield Rubber became aware of a sexual harassment and assault incident against a female co-worker.
After an internal investigation, Holmes fired the harasser, however, the company reinstated him. The company then tried to convince Holmes to change his opinion on the harassment, but Holmes did not. For this, he was fired in retaliation.
The EEOC sued Winfield Rubber for violating Title VII of the Civil Rights Act of 1964. 2 years into the suit, a consent decree was achieved, providing $75,000 relief to Holmes. Source
$ 71,972
5/17/2007
WHITSON v. CITY OF HOOVER
In 2004, Marcus Lynn Whitson suffered an on-the-job injury. In 2007, he initiated an action in the Shelby Circuit Court seeking benefits for his injury. 2 weeks later, Whitson’s employment was terminated, stating that there were no light-duty jobs available that he could fill.
Whitson and the City of Hover negotiated a settlement to resolve Whitson’s worker’s compensation claim, which the trial court approved. He received $71,972.92 for all claims for compensation and vocational rehabilitation benefits arising out of his injury. Source
$ 1,052,000
4/15/2010
EEOC v Jack Marshall Foods, Inc.
On behalf of 19 female employees (3 of whom were teenagers at the time), the EEOC filed a lawsuit against a KFC operator, claiming that sexual harassment was taking place at the KFC restaurant in Monroeville.
The suit alleged that male employees of the restaurants engaged in unwelcome sexual conduct and openly described sexual desires & interests with female employees.
Jack Marshall agreed to pay $1.05 million to settle the lawsuit. Source
$ 82,000
3/8/2000
Michael Maurice Snisky, III v. Waldrip Wrecker Service, Inc.
The plaintiff alleged he was terminated unlawfully after making a workers’ compensation claim.
Under Alabama’s Workers’ Compensation Act, he sued the employer for past and future compensation, medical expenses and other incidental expenses.
The court awarded Snisky $52,000 in punitive damages and $30,000 in compensatory damages. Source
$ 50,000
1/28/2013
EEOC v America’s Thrift Stores of Alabama, Inc.
An employee, Jenny Grimes, had degenerative joint disease. She informed her employer of her disability and her need for an accommodation. Her request was denied, and a week later, she was fired, despite having maintained a good work record during her three years at the company.
The conduct alleged violates the Americans with Disabilities Act (ADA), and the EEOC filed a lawsuit against the company.
The consent decree settling the suit required the employer to pay damages of $50,000. Source
$ 125,000
2/3/2016
EEOC v Save-A-Lot Grocery operated by Potter and Sims Foods, Inc.
Sharon Bennett was employed by Save-A-Lot as a cashier. The store manager subjected her to harassing behavior, including inappropriate comments, showed her sexually explicit photos and offers for sexual favors in exchange for workplace benefits. The manager sexually assaulted Bennett in the end. She informed the store owner of what happened, but the employer took no corrective action.
The EEOC sued the employer on behalf of Bennett for sexual harassment.
A few months later, the company agreed to settle the case, paying $125,000 to the victim. Source
$ 554,321
06/13/2006
Greg Goldsmith v. Bagby Elevator Company, Inc.
Greg Goldsmith, an African-American, reported his employer to the EEOC claiming racial discrimination, after receiving racial slurs and threats at his workplace. His complaints of a racially hostile work environment were rebuffed by his employer.
The employer approached Goldsmith with a dispute resolution while the claim was still pending at the EEOC, which he refused to sign. He was fired immediately for refusing.
Goldsmith’s case alleged that he suffered racial discrimination, working in a hostile work environment, failure to obtain a promotion, retaliation and wrongful termination. The jury awarded him $27,160.59 in back pay, $27,160.59 in damages for mental anguish, and $500,000 in punitive damages. Source
What is the average wrongful discharge settlement/award in Alabama?
If you think that you have been wrongfully terminated, it’s easy to understand that you would like to check how much money you can expect to be given for your wrongful termination claim.
If you reach settlement, the total amount you are given is always based on these factors: lost wages, reason of termination, emotional distress, the costs of finding a new job, medical expenses and benefits lost. Punitive damages might also be granted in rare situations, in the event the employer behaved egregiously.
As you’ll see from the sample claims above, giving a typical settlement for wrongful termination claims in AL is actually tricky because each individual case is unique.
The average wrongful termination settlement in Alabama is between $6,000 and $100,000.
Lawyers can be beneficial when working out a better settlement.
The average courtroom awards tend to be bigger, anywhere between $100,000 – $500,000. This is certainly one reason why employers prefer to settle outside of court. Several years of litigation, bearing the legal costs and maybe losing the lawsuit in the end is costly.
Taking a claim to court is generally the last option in wrongful termination cases. There are other means of settling the differences between the employer and employee, including mediation and arbitration. Your lawyer will work with you to negotiate a settlement that you are comfortable with.
If a settlement cannot be reached, the claim may be taken to court.
Filing a wrongful termination claim in Alabama
If you feel you were fired for an illegal cause, here is what to do:
First, you’ll need to talk with a wrongful termination lawyer in Alabama to find out if you have a case worth pursuing.
Act fast, as there are deadlines to filing claims in Alabama.
Second, you’ll most likely need to file a timely claim with the Alabama EEOC.
