We are often asked, "do I have a case?" But unfortunately, whether or not you can win your case is only part of what you need to know to make an informed decision. Even if you have a good chance of proving that your employer acted illegally, it is not always wise to file a lawsuit.

The road to the courthouse is long, expensive, and stressful, and before you start down it, you need to have some idea what you can expect to accomplish.

Q. How much is my case worth?

A. When you file a lawsuit, you can ask the court to do several different kinds of things for you. We call these things "relief." What kind of relief a court can order will depend on the particular theory of liability that applies to your case.

While courts can order that employers stop discriminatory practices, or rehire you to your position, the most common form of relief people ask for is damages. In general, there are two kinds of damages, compensatory damages and punitive damages. Compensatory damages are exactly that: damages that compensate you for losses you have suffered. These may be economic losses, such as pay or benefits you have lost, or a decrease in your ability to earn a living in the future. Compensatory damages also include intangible items: emotional distress, humiliation, and the loss of your ability to enjoy life.

Punitive damages are not intended to compensate you so much as to punish the employer--to deter future illegal conduct by that employer and to serve as an example to other employers of conduct that should not be tolerated. Punitive damages are relatively rare. Under most theories of liability, plaintiffs are held to a higher standard of proof to recover punitive damages. Judges and juries also tend to look for more extreme conduct before they will award punitive damages: they usually feel they have done their job if they have compensated the plaintiff for his or her losses.

Q. What are economic damages?

A. Economic damages are those damages that can be easily measured in monetary terms. Lost wages or salary (back pay) and benefits are the most direct form of economic damages. However, if you have earned other income during the period for which you are claiming back pay, this other income will reduce your claim for damages. Even if you haven't earned other income, your damages can be reduced if you reasonably could have earned income, but chose not to do so.

Your ability to earn money in the future is also an economic loss, although it is harder to measure. In some wrongful termination cases, particularly if you have worked for one employer or in one field for a long time, you may never be able to find a comparable job. In other cases, employees find comparable work by the time their cases go to trial. Although future losses inevitably involve some degree of guesswork, experts in labor economics and vocational rehabilitation are often called upon to explain to juries what a plaintiff's employment future is likely to hold.

Q. How much is emotional distress worth?

A. Noneconomic damages, such as emotional distress and humiliation, are obviously difficult to measure. Nevertheless, we routinely ask juries and judges to put a dollar value on these items, because money is the only way the legal system can compensate employees for these damages.

Many employees feel that noneconomic damages are the most valuable aspects of their case. While these damages are very real and very important to you, they are also highly subjective. Persuading a jury or a judge of the value of these items can be difficult and uncertain. There is no science or rule of thumb that will predict the amount of noneconomic damages you may receive if you win your case, but lawyers look for several factors in presenting noneconomic damages, such as the nature and severity, and duration of the employer's conduct, whether the plaintiff has had to seek medical or psychological help, the degree of economic damages the plaintiff has suffered, and whether there are other causes of the plaintiff's emotional distress.

Q. Should I look for other work I've lost my job due to wrongful conduct?

A. Yes. For a number of reasons, you should do everything you can reasonably do to find substitute employment, and you should keep careful records of all of your efforts. You have a duty to minimize or "mitigate" your damages. If you claim that you lost income because you were illegally fired, and your case proceeds to trial, your employer will have the right to show the jury that there are other steps you could have taken to earn income during the period for which you claim losses. If the employer shows this successfully, your damages can be reduced, even though you did not actually earn that income.

If you have looked in earnest for comparable work, you will also come across better to a jury. In a climate where jurors are often skeptical about the motives of plaintiffs in many kinds of court cases, your employer's attorneys can do a great deal of damage to your case by trying to show that you are trying to take advantage of the legal system. Juries are much more sympathetic to a plaintiff who is doing everthing possible to better his or her own situation without relying on hitting the jackpot in court.

Finally, you should look for other work because it is one of the best ways to get your life back on track. Pursuing legal remedies is uncertain, expensive, and stressful. No matter how your case turns out, you'll be better off in the long run if you do not rely on a pending claim or lawsuit to solve all of the problems you are having.

Be sure to keep detailed records of everything you do to find other sources of income. Your case may take months or years to be resolved. If you come into court with only your memory of your job hunting efforts, you are likely to come across as vague or disorganized, and you may not

be believed on this very important point. You should go beyond even the log you may be required to maintain if you have applied for unemployment benefits. Keep detailed notes of all telephone calls, meetings, and contacts you make in your job search. Find out the names of people you talk to and the firms and agencies they work for. Write down the positions you apply for and the dates of all inquiries and applications. Keep all pay stubs, withholding statements, tax returns, and other records of wages and income you earn.