Litigating Front Pay Claims

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In the words of noted playwright Oscar Wilde, “[i]n this world there are only two tragedies. One is not getting what one wants, and the other is getting it.” When litigating statutory claims of harassment or discrimination, the question of remedies arises: “should I seek reinstatement or front pay, or both?” Some jurisdictions may require the employee to pursue both during the litigation, and to ultimately show that reinstatement is simply not feasible before being award front pay. When seeking front pay, there are numerous factors that must be considered in formulating one’s litigation strategy in preparation for trial, including whether to shoot for the stars and seek an enormous amount of frontpay, or to follow a more reasonable approach and draw less scrutiny. From a practical standpoint, the choice could have an enormous impact on the trajectory of an employment discrimination case and length of time before it will be resolved.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kevin O'Connor, Peckar & Abramson, P.C. | Attorney Advertising

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