Legal Question in Employment Law in Oregon

Re: how to calculate emotional/punitive damages for whistleblowers case

Calculating a fair settlement value requires consideration of many factors. Usually, the amount is some percentage of what one would expect to receive if the case were tried in court to a jury. That assessment requires the assistance of a lawyer who has experience trying cases to a jury. Other factors relevant to a fair amount of settlement is whether the victim was injured emotionally enough to require medical treatment (counseling or psychological treatment, for example). Settlement is difficult to negotiate successfully without the assistance of a lawyer. I would encourage you to find an experienced lawyer to assist in your conciliation efforts.

Regarding your other questions, punitive damages are damages assessed against a defendant to punish the defendant and to deter others from similar illegal conduct. It appears your claim is against a government agency, and punitive damages are not available against the government. You should know that if your case is litigated, you may be entitled to bring claims against the individual decision makers, against whom punitive damages may be assessed. Even if punitive damages were available, such damages are speculative and often difficult to get a jury to award, so factoring in any amount for punitive damages in settlement usually does not succeed.

Is this a retaliation case or whistleblower case? Every whistleblower case is a retaliation case. You may have a statutory whistleblower case and a common law retaliation case. Its difficult to know what you have without reviewing the case.

Good luck.