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Issues in Employment Litigation Analysis

In: Forensic Economics

Author

Listed:
  • Thomas Roney

    (Thomas Roney LLC)

  • Timothy Lanning

    (Formuzis, Pickersgill & Hunt, Inc.)

Abstract

This chapter reviews the factors typically considered by forensic economists calculating economic damages in employment matters. While there is overlap with the analysis carried out in personal injury cases, employment matters involve some different considerations. The past loss period may differ from the time between employment termination and trial. The plaintiff’s loss of projected compensation is confined to earnings with the defendant employer. All post-termination compensation may not qualify as mitigation. The future loss period is not simply the remaining worklife, but may be shorter, if the plaintiff is assumed to re-attain eventually the earnings expected from the defendant employer. There may be adverse tax consequences of receiving a lump-sum verdict compared to the taxes that would have been owed if the earnings were taxed year-by-year.

Suggested Citation

  • Thomas Roney & Timothy Lanning, 2016. "Issues in Employment Litigation Analysis," Palgrave Macmillan Books, in: Frank D. Tinari (ed.), Forensic Economics, chapter 0, pages 179-190, Palgrave Macmillan.
    • Handle: RePEc:pal:palchp:978-1-137-56392-7_11
    DOI: 10.1057/978-1-137-56392-7_11
    as

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