Wrongful Termination Economic Damages Expert in Maryland

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

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

Maryland courts and expert standards

Maryland courts now apply a reliability inquiry to all expert testimony: the trial judge asks whether the economist is qualified, whether the method is one the profession has tested and accepted, and whether it was reliably applied to the facts of the case. An economic damages report is written to that standard, with each rate and table traced to its source.

Where these cases are heard

Highest court: Supreme Court of Maryland. Federal venues: D. Md. Court system: courts.state.md.us.

Damages framework

Maryland retains contributory negligence, so in a negligence-based claim any fault on the plaintiff's part is a complete bar rather than a percentage reduction. Prejudgment interest is available as of right on a liquidated contract sum from the date it was due and generally not on unliquidated tort damages. A statutory limit applies to the noneconomic portion of most awards while economic damages are unlimited, so the economist's figure enters the case at its full present value, stated as of a fixed date.

How the analysis is built

The same four steps apply to a wrongful termination case venued in Maryland; 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 Maryland

Frequently asked: wrongful termination cases in Maryland

Which Maryland courts hear wrongful termination cases?

Wrongful Termination cases venued in Maryland are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, equity, domestic relations). Final appeals run to the Supreme Court of Maryland. Matters within federal jurisdiction proceed in the United States District Court for the District of Maryland.

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

Maryland retains contributory negligence, so in a negligence-based claim any fault on the plaintiff's part is a complete bar rather than a percentage reduction. Prejudgment interest is available as of right on a liquidated contract sum from the date it was due and generally not on unliquidated tort damages. A statutory limit applies to the noneconomic portion of most awards while economic damages are unlimited, so the economist's figure enters the case at its full present value, stated as of a fixed date. Maryland courts now apply a reliability inquiry to all expert testimony: the trial judge asks whether the economist is qualified, whether the method is one the profession has tested and accepted, and whether it was reliably applied to the facts of the case. An economic damages report is written to that standard, with each rate and table traced to its source.

More questions about wrongful termination analysis

References

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