Wrongful Termination Economic Damages Expert in Arkansas

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for wrongful termination cases venued in Arkansas: the components the loss claim consists of, the records that drive them, and a present value built to Arkansas's damages rules and venues. Plaintiff and defense.

A wrongful termination economic claim measures what the employee lost when the employment ended, as back pay, front pay, and lost benefits, and how much of that loss has been or should be replaced by other work. Read the full wrongful termination analysis guide.

Arkansas courts and expert standards

Arkansas trial courts act as gatekeepers and ask whether the economist's method is reliable, whether it has been tested and accepted in the profession, and whether it fits the facts of the case, with qualification resting on training and experience. A report that states its assumptions and cites its data sources answers those questions on its face.

Where these cases are heard

Highest court: Arkansas Supreme Court. Federal venues: E.D. Ark., W.D. Ark. Court system: courts.arkansas.gov.

Damages framework

Arkansas reduces a negligence-based award by the plaintiff's share of fault and bars recovery only when that share equals or exceeds the defendants', and the state constitution bars limits on the amount recoverable for injury or death. Prejudgment interest is available where the amount of the loss was determinable at the time of the injury, which favors a liquidated contract sum over a projected loss. No general statutory limit applies to economic damages, and the report separates the components that were determinable at the time of the loss from those that had to be projected.

How the analysis is built

The same four steps apply to a wrongful termination case venued in Arkansas; the damages framework above decides which components enter the total.

  1. Build the but-for compensation path from the pay history and the employer's pay and promotion practices, including the benefit accruals that would have continued.
  2. Compare it with the replacement earnings actually received, or with a reasonable job-search duration and replacement wage level drawn from local occupational data.
  3. Calculate pension and deferred compensation losses from the plan terms and equity losses from the award schedule.
  4. Discount the future components to present value at a stated rate and present back pay, front pay, and benefits separately.

Attorney guides for wrongful termination cases

Other case types in Arkansas

Frequently asked: wrongful termination cases in Arkansas

Which Arkansas courts hear wrongful termination cases?

Wrongful Termination cases venued in Arkansas are heard in the Circuit Court (General jurisdiction; civil, criminal, domestic, probate, and juvenile matters). Final appeals run to the Arkansas Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Arkansas and Western District of Arkansas.

How does Arkansas's damages framework shape the economic analysis?

Arkansas reduces a negligence-based award by the plaintiff's share of fault and bars recovery only when that share equals or exceeds the defendants', and the state constitution bars limits on the amount recoverable for injury or death. Prejudgment interest is available where the amount of the loss was determinable at the time of the injury, which favors a liquidated contract sum over a projected loss. No general statutory limit applies to economic damages, and the report separates the components that were determinable at the time of the loss from those that had to be projected. Arkansas trial courts act as gatekeepers and ask whether the economist's method is reliable, whether it has been tested and accepted in the profession, and whether it fits the facts of the case, with qualification resting on training and experience. A report that states its assumptions and cites its data sources answers those questions on its face.

More questions about wrongful termination analysis

References

Request a consultation on wrongful termination cases in Arkansas or call (201) 343-0700. Plaintiff and defense counsel.