Employment Damages Expert 

Employees and employers frequently encounter legal disputes that require an economic damage expert opinion based on a compensation analysis. Our team provides specialized litigation support and economic analysis for a wide range of such employment-related disputes. We offer technical expertise in quantifying damages for cases involving wrongful termination, whistleblower retaliation, employment discrimination (under Title VII, ADEA, and ADA), and wrongful discharge. Additionally, we analyze complex economic harm in matters involving restrictive covenants, such as non-compete and non-solicitation agreements, where the focus often shifts to the valuation of customer relationships and trade secret misappropriation. Our experience spans various industries, providing the empirical rigor necessary to address the specific labor market dynamics of each case. We conduct a detail-intensive analysis of all compensation elements to ensure a comprehensive and accurate quantification of economic loss. This includes calculating back pay from the date of termination to the trial date and front pay for future earnings loss if reinstatement is not feasible. Our models account for the "mitigation delta"—the difference between what the individual would have earned in the "but-for" scenario versus their actual earnings in a new position. Beyond base salary, we perform a granular valuation of complex fringe benefits and deferred compensation, including:

  • Retirement & Pension Analysis: Detailed modeling of lost contributions and growth for 401(k) plans and defined-benefit pension schemes. 
  • Equity Compensation: Valuation of lost stock options, restricted stock units (RSUs), and employee stock purchase plans. 
  • Insurance & Health Benefits: Quantifying the replacement cost of employer-sponsored health, dental, vision, and life insurance.
  • Flexible Benefits: Assessment of "cafeteria plans," including Health Savings Accounts (HSAs) and Flexible Spending Accounts (FSAs).
  • Alternative Pay Structures: Analysis of commissions, performance-based bonuses, and profit-sharing arrangements.

By synthesizing individual employment records with broader labor market data and actuarial tables, we deliver defensible expert reports and testimony that reflect the true economic impact of professional disruption.

Our Experience:

Our firm has years of experience handling a wide range of employment cases nationwide, both on the plaintiff and defendant side of civil litigation.

Our firm's recent (2023-2024) research, funded by the National Science Foundation (NSF), centered around bringing a unified, comprehensive approach to wage-modeling in the legal ecosystem. As part of the project, we conducted over 140 customer discovery interviews with practicing attorneys specializing in personal injury and employment litigation. Through these discussions, we gained valuable insights into the daily challenges lawyers face regarding the litigation process, the role of experts, and the estimation of economic damages.

During our interviews, a recurring theme emerged: the current damages estimation process is widely viewed as time-consuming, overly subjective, and prohibitively expensive. We learned that the high financial barrier effectively prices out the majority of lawsuits, resulting in expert witnesses being utilized in only about 1 in 5 employment cases.

Furthermore, because the vast majority of cases settle before ever reaching a courtroom, attorneys expressed a critical need for early access to expert-quality case assessments. Lawyers need reliable, data-driven valuations to inform litigation strategy and settlement negotiations from day one, without prematurely committing to the massive costs of a full expert report.

Finally, our conversations highlighted a widespread frustration with the "hired gun" bias inherent in the U.S. dual-expert system. Conflicting and highly subjective expert opinions often serve to confuse judges and juries rather than clarify the economic realities of a case. Attorneys indicated a strong desire for transparent, standardized, and objective economic facts that can level the playing field against deep-pocketed opponents and facilitate more efficient, fair judicial resolutions.

These fundamental market needs directly guided our research and development. We built an innovative tool that streamlines the wage-forecasting process, acting as a specialized calculator that empowers our team to efficiently model complex "but-for" earnings paths. Ultimately, this allows us to provide our clients with faster, more affordable, and highly defensible economic insights exactly when they need them most.

Our Automated Approach to Economic Damages:

As part of our solution ecosystem, we use a proprietary software system that allows our team to prepare your report quickly and inexpensively, while bringing to you the full control of running multiple damages scenarios to optimize your litigation strategy.

We also partner with industry leaders such as The Burning Glass Institute to conduct mitigation analysis to identify whether a job applicant had sufficient job openings available to them to apply, to mitigate their losses or not. We then compare applicable job openings to the plaintiff’s job applications to draw statistical inferences on the sufficiency of their mitigation efforts.

From the real-world experience from the cases we’ve handled, to the hundreds of hours of research on corporate pay structures and broader wage-dynamics, we can help you understand any earnings related damages across your cases.