Wrongful Termination Economic Damages Expert in Washington

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

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

Washington courts and expert standards

Washington 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, leaving disputes over the inputs to cross-examination. The methods of forensic economics are published and long used, so the examination of a damages report usually turns on its assumptions and their support in the record.

Where these cases are heard

Highest court: Washington Supreme Court. Federal venues: W.D. Wash., E.D. Wash. Court system: courts.wa.gov.

Damages framework

Washington applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Prejudgment interest is generally limited to liquidated sums, such as an unpaid contract balance, and not awarded on unliquidated damages. Statutory limits on noneconomic damages have been held unconstitutional and economic damages are not subject to a general statutory limit, so the economist's figure enters the case at its full present value, with the liquidated components identified separately.

How the analysis is built

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

Frequently asked: wrongful termination cases in Washington

Which Washington courts hear wrongful termination cases?

Wrongful Termination cases venued in Washington are heard in the Superior Court (General jurisdiction; one in each of 39 counties; all civil, criminal, and domestic matters). Final appeals run to the Washington Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Western District of Washington and Eastern District of Washington.

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

Washington applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Prejudgment interest is generally limited to liquidated sums, such as an unpaid contract balance, and not awarded on unliquidated damages. Statutory limits on noneconomic damages have been held unconstitutional and economic damages are not subject to a general statutory limit, so the economist's figure enters the case at its full present value, with the liquidated components identified separately. Washington 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, leaving disputes over the inputs to cross-examination. The methods of forensic economics are published and long used, so the examination of a damages report usually turns on its assumptions and their support in the record.

More questions about wrongful termination analysis

References

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