Wrongful Termination Economic Damages Expert in Pennsylvania

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

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

Pennsylvania courts and expert standards

Pennsylvania courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and whether the economist is qualified by training and experience to apply it. The methods of forensic economics for lost earnings, worklife, and present value are published and long used, so the examination of a damages report usually turns on its inputs and their support in the record.

Where these cases are heard

Highest court: Supreme Court of Pennsylvania. Federal venues: E.D. Pa., M.D. Pa., W.D. Pa. Court system: pacourts.us.

Damages framework

Pennsylvania reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Interest on a liquidated contract sum runs as of right from the date it was due, and the civil rules add delay damages to bodily injury and death awards. Economic damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates the sums that were due from the amounts that had to be projected.

How the analysis is built

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

Experts serving Pennsylvania

Attorney guides for wrongful termination cases

Other case types in Pennsylvania

Frequently asked: wrongful termination cases in Pennsylvania

Which Pennsylvania courts hear wrongful termination cases?

Wrongful Termination cases venued in Pennsylvania are heard in the Court of Common Pleas (General jurisdiction; 60 judicial districts; civil, criminal, family, and orphans' court divisions). Final appeals run to the Supreme Court of Pennsylvania. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Pennsylvania, Middle District of Pennsylvania, and Western District of Pennsylvania.

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

Pennsylvania reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Interest on a liquidated contract sum runs as of right from the date it was due, and the civil rules add delay damages to bodily injury and death awards. Economic damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates the sums that were due from the amounts that had to be projected. Pennsylvania courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and whether the economist is qualified by training and experience to apply it. The methods of forensic economics for lost earnings, worklife, and present value are published and long used, so the examination of a damages report usually turns on its inputs and their support in the record.

More questions about wrongful termination analysis

References

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