Employment and Wage-Loss Damages Process

By KW Economics Editorial Team · Updated

An employment damages engagement moves through 5 steps, from the conflict check to testimony. Each step ends in something counsel can review, and the typical timeline shows how long each phase runs.

Engagement process

  1. Retention and conflict check: We confirm conflicts, identify the claims and the damages periods at issue, establish the retainer, and set the deadline.
  2. Records and data request: We request personnel and payroll records, compensation and benefit plan documents, comparator pay data where relevant, and the claimant's post-separation earnings and job search records.
  3. Analysis and modeling: We reconstruct the but-for compensation path, measure interim earnings, evaluate mitigation, bound the front pay period, value lost benefits, and discount future amounts to present value.
  4. Draft report and counsel review: We deliver a draft that separates back pay, front pay, and benefits and states each assumption, then review it with counsel before finalizing.
  5. Final report and testimony support: We issue the final report and provide deposition and trial testimony, rebuttal of opposing damages opinions, and updated calculations as the trial date moves.

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Schedule a consultation

Guides and methods

References

Request a consultation on Employment Damages or call (201) 343-0700. Plaintiff and defense counsel.