Rebuttal analysis applied to employment discrimination litigation: methodology, deliverables, and case-specific considerations.
An employment discrimination damages report is tested on the but-for compensation path and on mitigation: whether raises, bonuses, and benefit accruals were projected from the employer's actual practices or assumed, whether interim earnings were netted from the records, whether the front pay period is supported by the employee's occupation and local market, and whether comparators in a pay-disparity claim were applied as counsel identified them. The economist quantifies the effect of each correction and shows the loss under alternative front pay durations and mitigation assumptions.
Critique of an opposing economic damages, valuation, or forensic accounting report for plaintiff or defense counsel. The review tests the assumptions, data sources, discount rates, worklife and life expectancy inputs, growth rates, mitigation treatment, and arithmetic behind the opposing number, identifies the errors that matter, and quantifies how the conclusion changes when they are corrected. The result supports cross-examination, a rebuttal report, or a motion directed at the reliability of the opinion.
The claim consists of back pay from the date of the adverse action to the date of trial or analysis, including base pay, overtime, bonuses, commissions, and raises the employee would have received; lost fringe benefits such as retirement contributions, health insurance, stock awards, and paid leave; front pay from the date of analysis until the employee reaches or would reasonably reach comparable employment; and, in failure-to-promote and pay-disparity claims, the difference between the compensation actually received and the compensation of the position or pay level denied. The drivers are the employer's payroll and personnel records, comparator compensation data, the employee's post-termination earnings, and evidence of the job search.
We issue a rebuttal report where one is disclosed and provide deposition and trial testimony, cross-examination outlines, and support for motions directed at the opinion.
A duration asserted without support from the employee's occupation, age, and local market, or a replacement wage that ignores the actual job search record. The review states the range the record supports and shows the loss at each duration.
Yes. The economist checks the comparator set, the pay elements compared, and the period, and shows how the shortfall changes under each set counsel identifies. In a class matter the review tests whether the method was applied consistently across the claimants.
Request a consultation on Rebuttal or call (201) 343-0700. Plaintiff and defense counsel.