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Lost Earnings - Wrongful Termination

Discharge or involuntary separation from employment often leads to many complications for the person terminated, which in turn requires special considerations for analysis of the potential loss of earnings.  These complications include time to find reemployment, time to return to the plaintiff's former level of earnings, loss of retirement accrual for long-term employees, and many other factors.

Displaced worker surveys performed by the U.S. Census Bureau track the length of time an involuntarily separated employee takes to find reemployment and the level of income he or she realizes when reemployed.  These results vary dramatically depending upon the age and education of the worker (see chart below) and the current state of the economy.  Vocational Economics reviews the circumstances of an individual plaintiff in light of these survey results and projects the duration and magnitude of the plaintiff's damages (if any) to derive the expected loss for each specific case.

Another complication arises from the fact that, in our experience, plaintiffs in wrongful termination actions generally have better benefits and longer tenure in a vested pension plan than the average employee.  When this is true, a thorough analysis of the employee's benefit plan is often warranted.

For more information on employment-related analyses, see the following pages:


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