What Are the Chances of A Jury Awarding Punitive Damages in Employment Law Cases?
The number of employment law cases filed in California courts each year is substantial, but only a small fraction go on to jury trial, and fewer still result in large punitive damages awards for employees. Based on current data and precedent, the probability that an employee will recover over $50,000 in punitive damages is low—well below half a percent of all employment cases filed statewide.
Volume of Employment Law Cases
California sees high volumes of employment law claims. On average, at least 200 employment lawsuits are filed monthly in larger counties alone, translating to thousands statewide each year. For example, in 2023, there were over 5,000 class action filings, plus several thousand more PAGA notice and FEHA discrimination claims.
Percentage Tried by Jury
Most employment cases settle or are disposed before trial. Estimates indicate that only about 1–4% of employment lawsuits ever reach a jury verdict in California. Up to 95% of all employment law cases are settled out of court.
Employee Success Rate at Jury Trial
When cases go to jury trial, employees win verdicts just over half the time. Longitudinal studies suggest a success rate for plaintiffs of about 53–62%, depending on claim type and timeframe. Discrimination claims usually have lower success rates (sometimes under 50%), while wrongful discharge claims can be higher.
Punitive Damages Over $50,000
Punitive damages are rare and awarded in less than 5% of civil jury trials of all types, with employment law punitive awards even more rare. The percentage of employment law jury verdicts awarding punitive damages over $50,000 is not precisely reported, but it is estimated to be a small fraction—possibly below 1% of all employment jury verdicts, and far less as a portion of all cases filed.
Calculation of Probability
I’m not a statistician (and truth be told had a difficult time with the class in college), but using the wonders of Artificial Intelligence, I believe the following correctly estimates the overall probability that an employee will recover more than $50,000 in punitive damages:
- 100%: Cases filed in court (starting population)
- 4%: go to jury trial (0.04 probability)
- 53%: Plaintiffs win when tried (0.53 probability)
- 1%: Result in punitive damages over $50,000 (0.01 probability)
Multiply these probabilities: Final Probability = 0.04*0.53*0.01 = 0.000212
Convert to percentage: 0.000212*100 = 0.0212%
This means only about 2 out of every 10,000 employment lawsuit filings in California result in a plaintiff being awarded punitive damages greater than $50,000 statistically speaking. This does not account for appeals, post-trial motions, or reductions, which further decrease real-world odds of collecting that amount.
Bottom line: litigation is always a gamble. There are no sure things when it comes to what a judge or a jury would do. This is a primary reason that so many cases resolve well before a jury ever hears opening statements.
The Nuddleman Law Firm helps employers and employees resolve workplace disputes. When litigating, we zealously advocate for our clients. When acting as the mediator or neutral, we help the parties understand the how alternative actions could affect the process, allowing parties to make the best decisions based on the information.
If you have questions about resolving your disputes, contact Robert Nuddleman.