Trial testimony in a wrongful termination matter presents the compensation the employee lost, the benefit accruals that ended, the front pay period, and the replacement earnings, with each component on its own board. For a long-tenured employee the pension and retiree health losses need a plain-language explanation of what the employee was accruing and how the termination cut it off. The opposing economist typically argues for a shorter front pay period and higher replacement earnings; the direct examination should present the tenure and job market evidence behind the economist's period and show the total under the alternative.
One to two preparation sessions in the week before testimony, with the back pay figure updated to the trial date.
By showing what the employee would have received at retirement under the plan's formula with continued service, what the employee will receive with service ending at termination, and the present value of the difference. A simple year-by-year board of the two benefit streams makes the loss concrete.
As a benefit the employee would have qualified for at retirement with continued service, valued at the cost of replacing that coverage over the years it would have been provided, less any contribution the employee would have paid. A board showing the eligibility date the employee would have reached and the years of coverage lost makes the loss concrete. The plan terms are the source and should be cited on the board.
By showing the replacement earnings credited in full, then the remaining gap in pay and benefits, and by stating the basis for projecting that gap forward: the difference in pay grade, benefits, and advancement between the two positions. If the opposing side contends the gap will close, the board shows the total under that assumption. The answer is the same arithmetic the jury has already seen.
Request a consultation on Wrongful Termination or call (201) 343-0700. Plaintiff and defense counsel.