In a wrongful termination case, hiring a vocational expert may not be the first thought that comes to mind. However, it can become an important part of a case’s legal strategy. Many times, a vocational expert is required for the case.
Vocational experts in wrongful termination or discrimination cases can be extremely beneficial for your case. They can look at the employee in the case and objectively determine their employability as well as their earning capacity after their termination. Whether you are representing the employee or employer in this case, a vocational expert may be what you need on your side.
In this article, we are going to talk about how the use of a vocational experts could help your wrongful termination or discrimination case. We hope this serves as a helpful guide in illustrating how vocational experts can be utilized. If there are any lingering questions afterwards, we at Occupational Assessment Services, Inc. are here to help.
Occupational Assessment Services, Inc. – OAS – has served as vocational experts in Social Security disability, personal injury, and many other types of cases. We are one of the most expcoueerienced employability and life care planning firms in the United States. To discuss your case or any other questions you have about hiring a vocational expert, call us at 1-800-292-1919, contact us at a location near you, or get in touch through our online form.
How a Vocational Expert Can Help Your Case
When an employee is wrongfully terminated, a vocational expert can be used in various ways to answer any questions with regard to future earning capacity.
In a wrongful termination case, the employee who was terminated is eligible to receive pecuniary damages. Pecuniary damages can include not only back and front pay but benefits as well.
When it comes to assessing the pecuniary damages, an expert is needed. An economist is called in to assess and report these damages. If the pecuniary damages period ends up extending for a long duration of time, an economist and a vocational expert are both needed.
The employee, or plaintiff, in these cases, has to exercise a reasonable effort to mitigate the damages by actions such as finding another job.
There are a few reasons that the pecuniary damages timeframe could extend. If, for example, the employee’s reputation was tarnished, the job opportunities available could decrease exponentially. The pending lawsuit can also have a negative effect on employment opportunities. The employee could also lack transferable skills for another job depending on what industry they work in and the background they have.
In this situation, an economist is still needed to assess damages. The vocational expert will additionally testify to future earning capacity.
A vocational expert can also be used if the employee is manipulating their ability to obtain alternative employment and undermining their earning capacity. This tactic is used to increase the number of case damages, and a vocational expert can bring this to light. Even when an employee is wrongly terminated, not obtaining employment to increase damages is not a sanctioned action.
How can a vocational expert help determine whether this is occurring? They do this by answering questions such as:
1. How wages and benefits from the pre-termination job differ from the plaintiff’s current job,
2. If any education and training could reduce damages,
3. Geographic boundaries for the job market that the plaintiff is in,
4. If reasonable efforts have been made to find other jobs,
5. What transferable skills, if any, exist that the plaintiff has.
The answer to these questions will illustrate whether or not the plaintiff has made a reasonable effort to mitigate the damages.
How Vocational Experts Work With Economists
Vocational experts can also aid the economist in figuring out the value of the pecuniary damages. They do this by conducting a labor market survey to unearth employment options for the plaintiff.
In finding those jobs, they can notify the economist what the salaries are in the local market.
How Vocational Experts Analyze Employees
Vocational experts take a well-rounded approach to assessing employees. The employee’s entire profile must be considered to see what jobs they can work in the future. The experts do this by analyzing the entirety of the employee, including education, experience, interests, skills, and knowledge.
A Vocational Expert Could be Vital to Proving Damages in Your Wrongful Termination Case
The experts at Occupational Assessment Services, Inc. (OAS) have over forty years of experience documenting the income potential and employment capacity of those with wrongful termination cases, as well as with the underemployed, unemployed, and disabled spouses in many types of cases.
OAS specializes in assisting attorneys in employment law cases to objectively determine the earning loss.
The experts at Occupational Assessment Services, Inc. specialize in working with the attorney to assist in objectively documenting the economics in a case. From the initial referral to the trial testimony, OAS works with the retaining attorney so that the vocational assessment of the case can be objectively and efficiently presented.
OAS has served as experts on many multi-million dollar outcomes. Through objective consulting, analysis and vocational testing, we specialize in assisting attorneys in assessing and documenting damages.
We strongly believe in the importance of a clear and understandable presentation of the facts. OAS is the leading provider of Vocational Expert and Life Care Planning Services for Plaintiff and Defense attorneys.
The company specializes in assisting attorneys in evaluating earning capacity in divorce cases and documenting the damages in cases where an individual has been severely injured by providing objective findings on how the injuries affect a persons’ ability to work and earn money, as well as the cost of care required in catastrophic injuries.
OAS is your Vocational Expert & Life Care Planner Nationwide, with offices in New York, New Jersey, Connecticut, Pennsylvania, Georgia, Florida, Texas, Nevada, and California.
Occupational Assessment Services, Inc. is one of the most experienced employability and life care planning firms in the United States. To discuss your case, call us at 1-800-292-1919, contact us at a location near you, or through our online form.