How do you calculate non-economic damages in constructive discharge cases when PC may not have economic damages but the facts are considerably egregious? Long story short, I was inappropriately touched by one of firm's biggest shareholders at one of my state's largest firms, when I reported I was victim blamed, started having bad reviews, and less work. It was so bad, I started having panic attacks at work. However, I left to work at a much larger firm and better pay (and to get the hell out).

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I don’t think these facts rise to the level of HWE so you have an issue of liability on the constructive discharge. But if a plaintiff with these facts had significant emotional distress evidence: new depression, anxiety, insomnia/another new diagnoses, sought new medical treatment, on new medication, new onset of suicidal thoughts, etc., it would be higher value on the compensatory damages.

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I actually would agree that a single incident of conduct doesn’t arise to HWE. It’s not so severe and pervasive. Is it shitty and intolerable? Absolutely. But this is absolutely an uphill battle.

From what I’ve seen, the numbers for emotional distress are pretty made up and fact-dependent — you’ll want to look for verdicts in your jurisdiction in similar cases

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You’re describing garden variety emotional distress aka no treatment. In my circuit, that’s $50k-$100k. That said, you have a better job with better wages. Unless you’re only looking for “justice” (and if you are that is totally fine and understandable by what you described) why even bother? You’re looking for $100k-ish, after a couple years of litigation, plus you’ll lose 1/3 to your attorney, and you’ll have to go through depos and discovery. IMO let it go and look ahead to a better future.

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you should also consult with different plaintiff employment attorneys, who will all probably have different valuations as it is highly fact dependent

I’m hoping they will play ball with early settlement via demand letter rather than having to go through all the steps. Given the stature of the firm and the individuals at play, I’m having trouble finding someone who is willing to help so I’m trying to potentially value it and send a demand letter myself.

look at caci instructions for non-economic damage factors and how jury quantifies and verdict awards in employment cases at top verdict

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