Back and Front Pay Analyses
Overview
The calculation of damages in employment cases is different from damage calculations in other types of cases, like those involving injury. In most employment cases, the plaintiff will ultimately become re-employed. The individual plaintiff’s efforts and ability to regain comparable replacement employment is often the key to determining how much economic damage the plaintiff has incurred.
In these assessments, we study the plaintiff’s knowledge, skills, and abilities to determine employer demand in the relevant job markets. Since 1997, we have provided research and testimony in many hundreds of employment lawsuits involving termination, hiring, promotion, and salary.
Labor Market Employability
The re-employment opportunities of the plaintiff are a factor in the calculation of damages in wrongful termination cases. We provide analyses of the plaintiff’s post-termination re-employment opportunities.
Employer demand and the number of other job seekers are factors that are considered in the analysis of the plaintiff’s re-employment opportunities. In these assessments, we study the plaintiff’s knowledge, skills, and abilities to determine employer demand in the relevant job markets.
Our analyses also provide insights into the supply side of the labor market. We use publicly available workforce data to study the number of job seekers and the plaintiff’s competitive position in the labor market.
Job Search & Mitigation
The plaintiff’s job search efforts following an alleged wrongful termination are a factor in employment cases. We perform analyses of the plaintiff’s job search efforts.
In these assessments, we use information from the plaintiff’s job search record, and publicly available labor market data, to provide insights into the plaintiff’s efforts to obtain comparable re-employment.
Back & Front Pay Losses
Our analyses of alleged back and front pay losses compare the earnings the individual would have been expected to receive but for the alleged discrimination to the individual’s actual earnings.
In our analyses in these types of cases, we account for the labor market employability, the job search efforts of the plaintiff, and future promotional opportunities.
Since 1997, we have provided analyses, rebuttal reports, and expert witness testimony in hundreds of employment cases.
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Case examples:
- Virant v. Encana Oil
- Mercieca v. Microsoft
- EEOC v. Zachery International
- Pedro Gonzales v. City Public Service
- Segovia v. Williams Brothers Trucking
- Serrano v. John Hopkins University
- Martin v. San Antonio Water Systems
- EEOC v. Valero
- Klecka v. Allstate Insurance
- Nichols v. San Antonio Water System
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