You’ve been mistreated at work or maybe you were wrongfully terminated. Maybe you were harassed, discriminated against, or fired for reporting misconduct, . Now you’re thinking about legal action—but one big question lingers:
How much can you get for suing your employer?
At 1818, we hear this question often from employees across Illinois who are trying to weigh their options. And while the answer varies from case to case, there are some clear factors that influence how much compensation you could receive.
This post will break down those factors, walk through potential damages, and help you better understand what a lawsuit might be worth.
First, What Kind of Case Do You Have?
Not all lawsuits against employers are the same. What you’re suing for has a big impact on how much you can recover.
Some of the most common claims include:
- Wrongful termination
- Workplace discrimination
- Sexual harassment
- Retaliation for whistleblowing or reporting illegal behavior
- Wage and hour violations
- Hostile work environment
Each type of claim allows for different types of compensation, and some claims are governed by state law, others by federal law, or both.
What Damages Can You Recover?
If you win or settle a case against your employer, you may be entitled to several types of compensation. Here are the most common:
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Lost Wages and Benefits
This includes any income or benefits you lost because of your employer’s actions. For example:
- The wages you would have earned if you had not been fired and the wages you lost while looking for a new job
- Overtime pay that was withheld
- Bonuses or commissions you should have received
- The value of lost benefits like health insurance, retirement contributions, or paid time off
These are called economic damages, and they can be calculated based on real financial records.
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Emotional Distress or Pain and Suffering
Being mistreated at work doesn’t just hurt your finances—it affects your mental and emotional well-being. If your employer’s actions caused you anxiety, depression, sleeplessness, or other psychological harm, you may be eligible for non-economic damages.
In Illinois, emotional distress awards can vary widely. Some cases may result in a few hundred dollars. Others—especially those involving extreme harassment or retaliation—can result in thousands or even six-figure settlements.
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Punitive Damages
Punitive damages are not designed to compensate you—they are meant to punish your employer for especially reckless, malicious, or intentional conduct.
These damages are less common, but when awarded, they can significantly increase the value of a case.
Under federal law, certain caps apply to punitive damages based on the size of the company. In Illinois, state law may also limit or guide how punitive damages are awarded, depending on the type of claim.
Keep in mind: Some cases settle quickly for modest amounts. Others go to trial and result in large verdicts. Factors like how much documentation you have, eye support, testimony, and the employer’s behavior all impact the outcome.
What Affects How Much You Can Get?
Several things can influence the value of your claim. Here’s what courts and attorneys consider:
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Strength of Evidence
- Do you have emails, messages, or documents supporting your claim?
- Are there witnesses who will back your story?
- Did your employer give a clearly unlawful reason for their actions?
The stronger your evidence, the more leverage you have.
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Severity of Harm
Were you out of work for a week—or a year? Did your employer’s actions cause mild stress—or serious psychological trauma?
The more serious the damage, the more compensation you may be entitled to pursue.
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Company Size and Resources
Larger employers often have more insurance coverage and bigger legal budgets. While this may mean a tougher fight, it can also lead to higher settlements—especially in cases involving widespread misconduct or systemic discrimination.
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Your Role and Earnings
If you were a high-level executive or specialized professional, your lost wages and future earning potential may be substantial. That can drive up the value of your claim.
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Your Willingness to Go the Distance
Some employers settle quickly to avoid litigation. Others drag things out to wear you down.
Having a law firm like 1818 in your corner shows them you’re serious—and gives you a better chance at securing maximum compensation.
Should You Accept a Settlement or Go to Trial?
Most employment lawsuits in Illinois settle before reaching a courtroom. Settlement offers are usually faster and less risky, but may involve trade-offs in total compensation.
Going to trial offers the chance for a ,larger payout, but comes with higher uncertainty, a longer timeline, and the chance that a judge or jury could award you nothing.
An experienced attorney can help you weigh these options and decide what’s right for your case.
How Long Do You Have to File?
In Illinois, the deadlines for suing your employer vary depending on the type of claim:
- Discrimination (under Illinois Human Rights Act): 300 days from the act
- Wage and hour violations: Up to 3 years
- Retaliation or wrongful termination: Varies based on context
Missing a deadline could mean losing your right to sue, so do not wait to speak with a legal professional.
You Deserve Answers and Accountability
At 1818, we help Illinois employees turn violations into vindication. Whether you’ve lost wages, lost your job, or lost your sense of safety at work, we’ll help you fight back.
Reach out today at 1818Legal.com to schedule a confidential consultation. Your rights are worth protecting.
