KW Economics prepares rebuttal analysis for wrongful termination cases venued in California: what the loss claim consists of, the records that drive it, and a present value built to California damages rules and venues. Plaintiff and defense.
A wrongful termination report is tested on the front pay period, the treatment of replacement earnings, and the valuation of benefits, pensions, and equity. The economist checks the but-for compensation path against the employment agreement and pay history, the replacement earnings against the employee's records and tax returns, the front pay duration against the employee's age, occupation, and local market, and the pension and equity losses against the plan terms and vesting schedules. Each finding is ranked by its effect on the total, and the loss is shown under the alternative durations the record supports.
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 most contested component is usually the front pay period, because the employee's age, occupation, and local market determine how quickly comparable work is reasonably available. For long-tenured employees, the loss of accrued pension benefits and retiree health coverage can rival the pay loss, and for employees with equity compensation the unvested awards forfeited at termination can be the largest single item. Where the employee found comparable work quickly, the claim may reduce to a documented back pay figure with small benefit differences.
California courts ask whether the reasoning and data behind an expert opinion are sound and whether the opinion rests on matter of a type experts reasonably rely on, reserving a general-acceptance test for novel scientific techniques; the witness is qualified by training and experience. Economic damages testimony is therefore examined on its inputs and logic: whether the worklife, growth, and discount assumptions have a published basis and whether they fit the record.
Highest court: Supreme Court of California. Court system: courts.ca.gov.
Federal venues: Northern District of California, Eastern District of California, Central District of California, Southern District of California.
California applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Interest before judgment runs as of right on a sum that was certain or capable of being made certain by calculation, is discretionary on an unliquidated contract claim, and in injury cases turns on the statutory offer-to-compromise procedure. 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 identifies the components that were certain when they accrued.
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.
The same four steps apply to a wrongful termination case venued in California; the damages framework above decides which components enter the total. 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. Compare it with the replacement earnings actually received, or with a reasonable job-search duration and replacement wage level drawn from local occupational data. Calculate pension and deferred compensation losses from the plan terms and equity losses from the award schedule. Discount the future components to present value at a stated rate and present back pay, front pay, and benefits separately.
California courts ask whether the reasoning and data behind an expert opinion are sound and whether the opinion rests on matter of a type experts reasonably rely on, reserving a general-acceptance test for novel scientific techniques; the witness is qualified by training and experience. Economic damages testimony is therefore examined on its inputs and logic: whether the worklife, growth, and discount assumptions have a published basis and whether they fit the record. Wrongful Termination cases venued in California are heard in the Superior Court (Unified general jurisdiction trial court in each of 58 counties; handles all civil and criminal matters), with final appeals to the Supreme Court of California. Matters within federal jurisdiction proceed in the Northern District of California, Eastern District of California, Central District of California, and Southern District of California.
California applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Interest before judgment runs as of right on a sum that was certain or capable of being made certain by calculation, is discretionary on an unliquidated contract claim, and in injury cases turns on the statutory offer-to-compromise procedure. 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 identifies the components that were certain when they accrued. 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 California rules to a documented figure.
Request a consultation on Rebuttal or call (201) 343-0700. Plaintiff and defense counsel.