Quantifying Damages

Jennifer Duke
June 5, 2016
For many federal employees, quantifying damages can be a difficult step in the process of an employment case. While the damages available in discrimination cases have been previously discussed, it is important to remember that an employee must prove his or her damages. It is not enough to merely claim "I have damages." A case for damages must be built and proven.

In order to simplify the process of quantifying damages, there are steps federal employees can take to stay organized from the outset of a case. If you are pursuing or considering pursuing an employment discrimination or other employment matter, consider getting organized by doing the following things:

1. Seek treatment.

If, as a result of your agency's actions, you feel there has been an impact on your mental or physical health, seek treatment. Seeking treatment, whether by seeing a doctor, speaking with the Employee Assistance Program, seeing a therapist, or getting some other type of treatment, will help you to prove that you suffered as a result of the agency's actions.

2. Keep your Receipts and Records.

Whether you seek treatment from a professional, or purchase an item to help you cope with your agency's actions against you, keep a record of it. You will be able to seek reimbursement for costs you incurred as a result of the agency's actions. You will likely be asked to provide copies of receipts and treatment records in order to substantiate your request. By keeping them together and accessible from the start, you may save yourself the stress of trying to locate records under a deadline later.

Similarly, if you are required to use sick leave or annual leave as a result of the agency's actions against you, keep track of the leave taken. You may be able to seek reimbursement for leave you were required to take as a result of the agency's actions, but will need to prove which leave was taken. Leave taken for general vacation or for unrelated sickness will not be included.

3. Talk with Friends and Family.

If you think that you may seek damages for emotional suffering of any sort, talk to those closest to you about what you are going through. If the agency's actions have caused you to feel humiliated, it is okay to say so. If your agency's actions have caused you to have financial worries, share your concerns with your spouse, or a friend or loved one. Frequently during an investigation regarding damages, you will be given the opportunity to provide statements from friends and family about the impact the agency's actions have had on you. However, those statements are not helpful to you if no one can provide any information.

While taking these steps will help you start quantifying damages, this list is not exhaustive. An attorney can help you ensure that you've built the strongest possible case for damages. Melville Johnson, P.C. may be able to help you understand and build your case for damages in your federal employment matter. Contact us today using the form on this page.

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
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