Front Pay

What is front pay?

Front pay awards lost wages and benefits you would have earned if not for the discrimination. It bridges the gap between the court ruling and either getting your old job back (reinstatement) or finding a new, comparable position.

What can front pay cover?

  • Wages you lost while searching for a new job.
  • Damage to your professional reputation caused by the discrimination.
  • The period between filing the case and the court's decision is in your favor.

Front pay aims to make you "whole" again by compensating for the financial losses you suffered due to discrimination. It's a fair remedy that ensures you're not left worse off.

Front Pay vs. Getting Your Old Job Back

Front pay and getting your old job back (reinstatement) are two different outcomes. Reinstatement means you'd return to your previous position without any compensation for the time you were out of work.

Front pay is awarded when reinstatement isn't possible, either because someone else is already in your role or the position no longer exists. However, even if reinstatement is an option, you might still receive front pay to cover any lost wages or benefits during the period of discrimination.

Front Pay vs. Back pay

Back pay and front pay are both financial remedies for workplace issues, but they address different situations. Back pay compensates you for the wages you lost due to being wrongfully fired. It covers the period from your termination until the court's decision in your favor.

Front pay, on the other hand, looks ahead. It compensates you for the future earnings you would have received if not for the discrimination until you find a comparable job with similar pay and benefits.

How does one compute front pay?

Front pay is determined using the following inputs and factors:

  • Age of the employee.
  • The paucity of comparable employment on the market.
  • The possibility of continuing employment if discrimination had not happened.
  • The time is taken to locate a reasonable and similar employer.
  • The employee’s tenure.
  • Employability of the employee.
  • Life expectancy.
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