By Evan Lange
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Employment Law · Damages & Settlements · Houston

How Much Can You Get for Suing Your Employer in Texas?

Short answer

There’s no standard amount. What you can recover depends on the type of claim, your lost pay, and the size of the employer. Most employment cases start with back pay, the wages and benefits you lost. Discrimination and harassment claims can add compensatory and punitive damages, but under Title VII, the ADA and Texas law those are capped at $50,000 to $300,000 depending on employer size. Unpaid overtime and FMLA claims can double the lost wages through liquidated damages, and willful age discrimination can double back pay. Many statutes also make the employer pay your attorney’s fees. Most cases settle, and the value turns on the evidence, the deadlines met, and your efforts to find a new job.

“What is my case worth?” is a fair question, and online “average settlement” numbers rarely answer it. A Texas employment case is valued piece by piece: what you lost, what the law lets you recover for that claim, and how strong the proof is.

$50K–$300Kcap on compensatory + punitive damages under Title VII / ADA

2×liquidated damages possible in overtime, FMLA and willful age cases

Feesmany employment laws shift attorney’s fees to the employer

👉 Your lost paycheck is the foundation. The type of claim decides what’s built on top of it.

1Types of Damages in Employment Cases

Back payWages, bonuses and benefits lost from the adverse action to the judgment, minus what you earned elsewhere.

Front pay or reinstatementYour job back, or future lost pay when returning isn’t realistic.

Compensatory damagesEmotional distress, reputational harm and out-of-pocket costs, in discrimination and harassment cases.

Punitive damagesWhen the employer acted with malice or reckless indifference; not available against government employers.

Liquidated damagesAn extra amount equal to the unpaid wages in FLSA and FMLA cases, and in willful ADEA cases.

Attorney’s fees and costsMany employment statutes let a winning employee recover them from the employer.

2Damage Caps by Employer Size

Under Title VII and the ADA, compensatory and punitive damages combined are capped by the employer’s number of employees. Texas Labor Code Chapter 21 uses the same caps. Back pay and front pay are not capped.

15–100 employees: $50,000
101–200 employees: $100,000
201–500 employees: $200,000
More than 500 employees: $300,000

Race discrimination claims under 42 U.S.C. § 1981 are not subject to these caps.

3What Each Type of Claim Can Recover

Unpaid overtime (FLSA): the unpaid wages, an equal amount in liquidated damages, and attorney’s fees. See our overtime guide.
FMLA: lost wages and benefits plus interest, generally doubled through liquidated damages unless the employer acted in good faith. See fired while on FMLA.
Age discrimination (ADEA): back pay, doubled for willful violations; no federal emotional-distress or punitive damages.
Discrimination, harassment and retaliation (Title VII, ADA, Chapter 21): back pay, front pay, and capped compensatory and punitive damages. See hostile work environment.
Workers’ comp retaliation: lost wages and other damages, and possible reinstatement. See workers’ comp retaliation in Texas.

4What Raises or Lowers a Case’s Value

Raises valueClear timing after a complaint, written evidence, comments showing bias, comparators treated better, a large employer.

Lowers valueMissed deadlines, a signed release, documented performance problems, quickly finding a higher-paying job.

You’re expected to look for comparable work; failing to do so can reduce back pay. And settlements for lost wages are generally taxable as wages, while other parts may be taxed differently, so the structure matters.

✅How to Protect the Value of Your Claim

Don’t sign a release before understanding your claims; see severance lawyer in Texas.
Keep pay records: pay stubs, offer letters, bonus plans and benefits statements.
Document your job search and any new income.
Meet the deadlines: 180 days with the TWC or 300 days with the EEOC for discrimination charges.
Confirm you have a claim first: read reasons to sue your employer in Texas.

?Frequently Asked Questions

How much can you get for suing your employer in Texas?

It depends on the claim and your losses. Back pay is the foundation; discrimination claims can add capped compensatory and punitive damages of $50,000 to $300,000 depending on employer size, and wage, FMLA and willful age claims can double lost wages.

Are there caps on employment discrimination damages?

Yes. Under Title VII, the ADA and Texas Labor Code Chapter 21, compensatory and punitive damages combined are capped at $50,000 to $300,000 based on the number of employees. Back pay and front pay are not capped.

What is back pay?

The wages and benefits you lost because of the illegal action, from the date it happened until judgment, reduced by what you earned in the meantime.

Can I get emotional distress damages from my employer?

In discrimination, harassment and retaliation cases under Title VII, the ADA and Texas law, yes, subject to the damage caps. They are generally not available for overtime or federal age discrimination claims.

Are employment settlements taxable?

Generally, the part that replaces lost wages is taxable as wages, and other parts may be taxable as other income. Talk to a tax professional about your settlement.

Want to know what your case could be worth? Talk to a Houston employment lawyer.

The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review your losses, your evidence and the law that applies, and whether you have a wrongful termination claim.

Request a Paid Consultation Call 713-357-6994

There’s no average case.
There’s your case, your losses and your proof.

Sources: EEOC – Remedies for Employment Discrimination · 42 U.S.C. § 1981a (damage caps) · Texas Labor Code § 21.2585 · 29 U.S.C. § 216 (FLSA remedies) · 29 U.S.C. § 2617 (FMLA remedies). This article is general information, not legal advice.

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Phone 713-357-6994
Primary Adress 14015 Southwest Fwy #14, Sugar Land, TX 77478
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Mr. Evan B. Lange is the attorney responsible for this website. | All meetings are by appointment only. | Principal place of business: Sugar Land and Houston, Texas.
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