Punitive Damages in Employment Lawsuits

Attorney Kevin Costello

Punitive damages are really very misunderstood. There’s a lot of press about them, there’s a lot of discussion about them and some very ill informed opinions about them.

Basically punitive damages are rare and it’s important to understand that they are rare, but when they happen they are a powerful tool. We have punitive damages in this state both under the Conscientious Employee Protection Act and under the New Jersey Law Against Discrimination for this reason; when an employer permits or perpetrates egregious, malicious, evil intentioned conduct, discrimination, harassment whatever it may be and it’s perpetrated or ignored by members of management. Not just supervisors or co-workers now, but management, that’s pretty bad.

That’s not just a bad judgment on the part of your employer, something that they need to rectify and compensate you for, this is something that we really don’t want in New Jersey and the employer needs to be punished for it.

The jury has the right to consider the ability of the employer to pay and how bad the actions were and whether there was any dishonesty associated with them, how bad the effect was on you and to punish the employer with what we call exemplary or punitive damages. To make the employer remember this day in court and never to permit whatever it was that engendered the action to happen again.

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Punitive Damages in Employment Lawsuits

Attorney Kevin Costello

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