How much could i settle for?

Question

I am suing (through the department of labor) my ex employer.When i was pregnant(8 months pregnant) the temp agency i was assigned to cut all ties with the hotel i used to work for.The hotel management decided then to put all of the employees from the temp agency into theit own payroll,giving them permanent status.Not only was i the only one fired(not signed onto their payroll) they didn't even tell me ,so i worked a whole week with no pay,since i no longer had an employer.My first court hearing is next monday,and i know i should have a ballpark estimate of how much monetary compensation i should ask for, or how much i should expect.Can anyone give me any advice?

When i confronted my employer (before the lawsuit) they said it wasn'r "in their best interest" to keep someone around who was going to be gone for 2 months maternity leave,when their company is "going through so many changes".So that's why i'm suing, for discrimination.

Reading some of these answers so far, proves beyond a shadow of a doubt that the world is the inconsistent,mean-spirited and ignorant black hole that it is todays because of so many dumb and shallow people that live in it.Maybe you could be more useful answering somebody elses's question,a question you might actually know the answer to, instead of wishing others disfortune.But,after all,you're obviously bitter and insecure about your looks.If you're not,trust me,you should be!

Answer 1

The work you did which you were not paid for comes under the doctrine of unjust enrichment (where someone accepts the benefit of anothers action without providing consideration). The remedy as such is generally restitution - basically you will get what you are owed. You may get a little more, but it wouldn't be a significant amount.

In regards to being fired as you were pregnant - on the facts you've provided it certainly sounds like unfair dismissal as a result of discrimination. However this is difficult to prove. Although your employer may have said this to you - it is only your word against theirs (and they'll make you out to be a bitter, disgruntled ex employee). They'll make up all types of reasons as to your dismissal - that you were a bad employee, that you turned up late, that you didn't suit the job etc. It all comes down to who the court believes.

If the action is taking place through an authority, the person who is taking on your case already should've come up with a ballpark figure. During the hearing he/she would need to tell the court exactly what you've missed out on - for instance; loss of income, loss of future income, health insurance benefits etc. The court may also award punitive damages (which are damages that are imposed to punish the liable party).

Of course this all depends on whether your testimony and account of the situation, is on the balance of probabilities, correct. It is possible that you will leave with nothing.

The best advice I can give, is to contact the person handling your case and ask him. He will be familiar with all the facts, and will be able to tell you what to expect.

Good luck!

Answer 2

You're only entitled to the pay that you didn't get.

Answer 3

Ask your attorney.
If you don't have one -- get one!