Wrongful Termination

Responsible experts: Matthew R. Putts, Ph.D. (Chief of Vocational Services); Christopher Skerritt, M.Ed., MBA (Chief of Economic Services)

Wrongful termination cases quantify back pay, front pay, and mitigation efforts, often requiring a vocational evaluation of the claimant's post-termination job search, marketable skills, and comparable-occupation wage data.

Vocational impact

Vocational analysis addresses the claimant's reasonable job search, the availability of comparable positions in the relevant labor market, and the time required to secure comparable or alternative employment.

Economic exposure

Damages typically include back pay (from termination to trial), front pay (from trial to expected re-employment), lost benefits, and loss of earning capacity where applicable. Mitigation offsets apply.

Relevant credentials

Wrongful Termination services by state

Attorney guides for wrongful termination cases

Stage-by-stage guidance on working with vocational, economic, and life care experts in wrongful termination litigation.

Frequently Asked Questions

What does 'mitigation' mean in wrongful termination cases?

Mitigation refers to the claimant's obligation to make reasonable efforts to obtain comparable alternative employment. A vocational expert can opine on the reasonableness of the job search and the expected time to secure comparable work.

How is front pay calculated?

Front pay projects expected future losses from the date of trial to a reasonable end point - often the expected date of comparable re-employment or a jurisdictionally accepted cutoff. Present value reduction applies.

Are lost retirement contributions compensable?

In many cases, yes. Employer retirement contributions (401(k) match, pension accruals) and projected interest are quantified as part of lost benefits.

References

  1. EEOC Enforcement GuidanceGovernment
  2. BLS Occupational Employment StatisticsGovernment
  3. BLS Current Employment StatisticsGovernment

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