KW Economics prepares employment damages analysis for employment discrimination cases venued in Missouri: what the loss claim consists of, the records that drive it, and a present value built to Missouri 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.
Missouri courts screen expert testimony for reliability: the judge 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 stating its assumptions and naming the source of every rate and table.
Highest court: Missouri Supreme Court. Court system: courts.mo.gov.
Federal venues: Eastern District of Missouri, Western District of Missouri.
Missouri applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Interest on a liquidated contract sum runs from the date of demand, while prejudgment interest in tort turns on a written settlement offer that the judgment then exceeds. Economic damages are not subject to a general statutory limit outside specific statutory claims, 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.
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.
Missouri courts screen expert testimony for reliability: the judge 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 stating its assumptions and naming the source of every rate and table. Employment Discrimination cases venued in Missouri are heard in the Circuit Court (General jurisdiction; 46 judicial circuits; all civil, criminal, domestic, and probate matters), with final appeals to the Missouri Supreme Court. Matters within federal jurisdiction proceed in the Eastern District of Missouri and Western District of Missouri.
Missouri applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Interest on a liquidated contract sum runs from the date of demand, while prejudgment interest in tort turns on a written settlement offer that the judgment then exceeds. Economic damages are not subject to a general statutory limit outside specific statutory claims, 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. 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 Missouri rules to a documented figure.
Request a consultation on Employment Damages or call (201) 343-0700. Plaintiff and defense counsel.