Firm Home · Legal Resources · Employee Rights Guides
Damages Available in Employment Cases
What California employees may recover when an employment claim succeeds—by category, not as a promise.
Economic losses
Successful plaintiffs often seek back pay (wages and benefits already lost), sometimes front pay or reinstatement, unpaid overtime or premiums, expense reimbursement, and interest. Wage cases may also include waiting-time penalties and other Labor Code penalties when the statute allows.
Non-economic and punitive damages
FEHA and related tort theories can support emotional-distress damages. Punitive damages may be available for malicious, oppressive, or fraudulent employer conduct proven to the required standard. Caps that apply in some federal statutes do not automatically limit every California claim.
Fees and costs
Many employment statutes authorize prevailing-party attorney’s fees and costs, which can change settlement leverage. Fee rules differ for FEHA, wage statutes, and PAGA—your retainer should explain how fees interact with any recovery.
What drives value
Liability strength, length of unemployment, mitigation efforts, documentary proof, and the employer’s conduct all affect value. See case results for illustrations—not guarantees—and talk through a damages model in consultation.