KW Economics prepares employment damages analysis for employment discrimination cases venued in Maryland: what the loss claim consists of, the records that drive it, and a present value built to Maryland damages rules and venues. Plaintiff and defense.
In an employment discrimination matter the analysis measures the gap between the compensation the employee would have received absent the adverse action and the compensation actually received, from the date of the action through a reasonable point in the future. The economist reconstructs the but-for path from the employer's payroll records and pay practices, including raises, bonuses, and benefit accruals, nets actual interim earnings year by year, evaluates mitigation, bounds the front pay period, and discounts future amounts to present value. In failure-to-promote and pay-disparity claims the analysis compares the employee's compensation with the position or comparators counsel identifies.
Back pay, front pay, and lost benefits in discrimination, retaliation, wrongful termination, and wage-and-hour matters. The analysis reconstructs what the employee would have earned in the position, including raises, bonuses, and benefit accruals, measures actual interim earnings, and evaluates mitigation and the period over which front pay is reasonable. In wage-and-hour matters the same records drive an hours and pay reconstruction for the individual claim or the class.
Back pay is usually the most documented component and the least contested; the disputes concentrate on front pay duration and mitigation. How long it will take the employee to reach comparable compensation, whether the replacement job counts as comparable, and whether the job search was reasonable each change the total substantially. Lost equity, bonus, and pension accruals can exceed base pay losses for senior employees, and the pay-disparity component in an unequal pay claim depends on which comparators are used and over what period.
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.
Highest court: Supreme Court of Maryland. Court system: courts.state.md.us.
Federal venues: District of Maryland.
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.
We issue the final report and provide deposition and trial testimony, rebuttal of opposing damages opinions, and updated calculations as the trial date moves.
In an employment discrimination matter the analysis measures the gap between the compensation the employee would have received absent the adverse action and the compensation actually received, from the date of the action through a reasonable point in the future. The economist reconstructs the but-for path from the employer's payroll records and pay practices, including raises, bonuses, and benefit accruals, nets actual interim earnings year by year, evaluates mitigation, bounds the front pay period, and discounts future amounts to present value. In failure-to-promote and pay-disparity claims the analysis compares the employee's compensation with the position or comparators counsel identifies.
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. Employment Discrimination cases venued in Maryland are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, equity, domestic relations), with final appeals to the Supreme Court of Maryland. Matters within federal jurisdiction proceed in the District of Maryland.
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. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Maryland rules to a documented figure.
Request a consultation on Employment Damages or call (201) 343-0700. Plaintiff and defense counsel.