Wrongful Termination Economic Damages Expert in Puerto Rico

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

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

Puerto Rico courts and expert standards

Puerto Rico's rules of evidence follow the federal model for expert testimony: the court asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by naming its sources and tying each assumption to the record, in the language the court requires.

Where these cases are heard

Highest court: Supreme Court of Puerto Rico (Tribunal Supremo de Puerto Rico). Federal venues: D.P.R.

Damages framework

Puerto Rico's civil-law system reduces recovery in proportion to the plaintiff's share of fault in a negligence-based claim. Interest can be imposed on the award when a party is found to have litigated with obstinacy, and interest on a sum owed under a contract follows the civil code's rules on delay, which counsel confirm for the specific claim. Private-party damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates past from future amounts.

How the analysis is built

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

Frequently asked: wrongful termination cases in Puerto Rico

Which Puerto Rico courts hear wrongful termination cases?

Wrongful Termination cases venued in Puerto Rico are heard in the Court of First Instance (Tribunal de Primera Instancia) (General jurisdiction trial court of the Commonwealth, organized into Superior and Municipal divisions; hears civil and criminal matters). Final appeals run to the Supreme Court of Puerto Rico (Tribunal Supremo de Puerto Rico). Matters within federal jurisdiction proceed in the United States District Court for the District of Puerto Rico.

How does Puerto Rico's damages framework shape the economic analysis?

Puerto Rico's civil-law system reduces recovery in proportion to the plaintiff's share of fault in a negligence-based claim. Interest can be imposed on the award when a party is found to have litigated with obstinacy, and interest on a sum owed under a contract follows the civil code's rules on delay, which counsel confirm for the specific claim. Private-party damages are not subject to a general statutory limit, so the report states each loss as of a fixed date and separates past from future amounts. Puerto Rico's rules of evidence follow the federal model for expert testimony: the court asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by naming its sources and tying each assumption to the record, in the language the court requires.

More questions about wrongful termination analysis

References

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