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Employment Expert Witness
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Frank Carr

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Frank Carr
Centennial Advisory Group

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What is covered under Employment Expert Witness Law Practice?

The Employment Expert Witness Law Practice is a specialized professional service that provides impartial, evidence-based analysis and testimony for legal disputes concerning workplace issues. This practice, often involving human resources professionals, economists, or vocational experts, is a critical support function for litigation. It covers the in-depth review of case materials to form an opinion on whether an employer’s actions, such as hiring or termination decisions, were consistent with standard industry practices. A significant component of this practice is the calculation of economic damages, which includes projecting lost wages, benefits, and future earning capacity for plaintiffs in wrongful termination and discrimination cases. Practitioners are responsible for writing detailed expert reports and providing clear, objective testimony in depositions and at trial to help a court understand complex employment and financial matters.

Employment Expert Witness FAQ's

An employment expert witness is a professional with demonstrable expertise in a specific area of employment, such as human resources policies, labor economics, or vocational rehabilitation. They are retained by legal counsel in a lawsuit to provide an objective, specialized opinion on an issue that is beyond the common knowledge of a judge or jury. Their duty is not to be an advocate, but to analyze the facts of a case and offer their expert conclusions to help the court make a well-informed decision.

An expert witness is most helpful in complex employment lawsuits where specialized knowledge is required. In wrongful termination or discrimination cases, a human resources expert can testify on whether the employer’s policies and actions met accepted industry standards. In cases involving lost pay, an economist is crucial for calculating past and future economic damages. For disability discrimination cases, a vocational expert may be needed to assess an individual’s earning capacity and ability to work.

The main role of an expert witness in an employment lawsuit is to provide an objective, evidence-based opinion on matters that require specialized knowledge. This can involve assessing if an employer’s actions aligned with standard industry practices, or it can involve quantifying the economic damages, such as lost wages, an employee has incurred. By explaining their complex analysis and conclusions in a clear manner, their primary function is to assist the court in understanding the facts of the case.

An expert typically calculates lost wages by first determining the “but-for” earnings—the salary, bonuses, and benefits the employee would have received had the wrongful action not occurred. From this amount, they subtract any actual wages the employee earned or could have earned from other employment during the same period. For future losses, they use economic and statistical models to project lost earning capacity over the remainder of the employee’s work life, and then discount that future sum to its present-day value.

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