Forensic Economic Evaluations for Wrongful Termination Cases
Forensic Economics applied to wrongful termination litigation: methodology, deliverables, and case-specific considerations.
How Forensic Economic Evaluations applies to Wrongful Termination
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.
Typical deliverables
A written expert report, supporting data appendices, and, when retained, deposition and trial testimony.
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
- EEOC Enforcement GuidanceGovernment
- BLS Occupational Employment StatisticsGovernment
- BLS Current Employment StatisticsGovernment
Ready to Get Started on forensic economics engagements for wrongful termination cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.