The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Sunday, January 27, 2008

Economic damages in wrongful termination cases

Damages in wrongful termination (WT) cases are different from those arising in personal injury and wrongful death cases. Generally, there a number of questions that arise in WT cases that are simply not present in PI and WD cases. In particular,

Has the plaintiff following the termination conducted an adequate job search for replacement employment?

- What did he/she do to search for a job?
- What does the average person do?
- Does it look like the plaintiff has stopped searching for replacement employment
- Becoming self employed may suggest that the plaintiff expects that self employment will be as lucrative as previous job position?

Are there openings in which he is qualified for?

What does labor market data such as BLS show? Monster?

What does the labor data shows about job openings in related occupational openings?

Are the claims for back pay and front pay supportable?

In terms of back pay or past damages, are there reliable estimates of loss? Are there tax returns? Does self employment picture suggest a higher income opportunities?

What does industry data say about unemployment time and economic damages?

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