1. Are you a private employee?
This calculator is designed to apply to employees of private companies, not government workers. Government employers—and therefore their employees—are covered by laws and procedures that sometimes differ from private employers. For instance, a government employee has a shorter statute of limitations within which he or she must file a claim. In some cases, this is as brief as 45 days, instead of the 180 or 300 days allowed in the private sector. A second difference is that in most cases an employee cannot win punitive damages against the government. That said, the calculator is still relevant to government workers. For instance, the sections on lost wages, consequential damages, and emotional distress apply to government and private company employees.2. Are there 15 or more employees at your company?
Most federal antidiscrimination laws only apply to companies with 15 or more employees, though under the Age Discrimination and Employment Act, there must be at least 20. Fortunately, the rules for counting employees are fairly broad. Employees include part-time employees and joint-employers.
If your company is smaller, don’t abandon all hope. Some employment laws—such as wage laws and some state laws—apply to employers regardless of their size. Some of these laws will include elements of the damages used by this calculator. So you may find it a useful exercise to go through the calculator, even if your company is smaller. Just be aware that you may need to do some more homework or talk to a lawyer to get an accurate measure of your potential damages.