KW Economics prepares rebuttal analysis for wrongful termination cases venued in New York: what the loss claim consists of, the records that drive it, and a present value built to New York 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.
New York courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and, separately, whether the economist applied it reliably to the facts of the case; qualification rests on training and experience. Forensic economic methods for lost earnings, household services, and present value are published and long used, so the examination of a damages report usually turns on its inputs and their support in the record.
Highest court: Court of Appeals. Court system: iapps.courts.state.ny.us.
Federal venues: Southern District of New York, Eastern District of New York, Northern District of New York, Western District of New York.
New York 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 contract claim from the earliest date the damages were incurred and in a wrongful death action from the date of death, while a personal injury award carries interest only from the verdict. Economic damages are not subject to a general statutory limit, and larger future damage awards are converted to structured payments by the court, so the report presents the future stream year by year as well as in present value.
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 New York; 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.
New York courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and, separately, whether the economist applied it reliably to the facts of the case; qualification rests on training and experience. Forensic economic methods for lost earnings, household services, and present value are published and long used, so the examination of a damages report usually turns on its inputs and their support in the record. Wrongful Termination cases venued in New York are heard in the Supreme Court (General jurisdiction trial court for major civil cases and felonies; one in each county), the County Court (Outside New York City; felonies and mid-sized civil cases), and the Court of Claims (Claims against New York State), with final appeals to the Court of Appeals. Matters within federal jurisdiction proceed in the Southern District of New York, Eastern District of New York, Northern District of New York, and Western District of New York.
New York 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 contract claim from the earliest date the damages were incurred and in a wrongful death action from the date of death, while a personal injury award carries interest only from the verdict. Economic damages are not subject to a general statutory limit, and larger future damage awards are converted to structured payments by the court, so the report presents the future stream year by year as well as in present value. 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 New York rules to a documented figure.
Request a consultation on Rebuttal or call (201) 343-0700. Plaintiff and defense counsel.