Why you Need a Vocational Expert for your Wrongful Termination Case

In a wrongful termination case, hiring a vocational expert may not be the first thought that comes to mind. However, it can become an important part of a case’s legal strategy. Many times, a vocational expert is required for the case. 

Vocational experts in wrongful termination or discrimination cases can be extremely beneficial for your case. They can look at the employee in the case and objectively determine their employability as well as their earning capacity after their termination. Whether you are representing the employee or employer in this case, a vocational expert may be what you need on your side.

How a Vocational Expert Can Help Your Case   

When an employee is wrongfully terminated, a vocational expert can be used in various ways to answer any questions with regard to future earning capacity. 

In a wrongful termination case, the employee who was terminated is eligible to receive pecuniary damages. Pecuniary damages can include not only back and front pay but benefits as well. 

When it comes to assessing the pecuniary damages, an expert is needed. An economist is called in to assess and report these damages. If the pecuniary damages period ends up extending for a long duration of time, an economist and a vocational expert are both needed. 

The employee, or plaintiff, in these cases, has to exercise a reasonable effort to mitigate the damages with actions such as finding another job. 

There are a few reasons that the pecuniary damages timeframe could extend. If, for example, the employee’s reputation was tarnished, the job opportunities available could decrease exponentially. The pending lawsuit can also have a negative effect on employment opportunities. The employee could also lack transferable skills for another job depending on what industry they work in and background they have. 

In this situation, an economist is still needed to assess damages. The vocational expert will additionally testify to future earning capacity. 

A vocational expert can also be used if the employee is manipulating their ability to obtain alternative employment and undermining their earning capacity. This tactic is used to increase the amount of case damages, and a vocational expert can bring this to light. Even when an employee is wrongly terminated, not obtaining employment to increase damages is not a sanctioned action. 

How can a vocational expert help determine whether this is occurring? They do this by answering questions such as:

1. How wages and benefits from the pre-termination job differ from the plaintiff’s current job,

2. If any education and training could reduce damages,

3. Geographic boundaries for the job market that the plaintiff is in,

4. If reasonable efforts have been made to find other jobs,

5. What transferable skills, if any, exist that the plaintiff has.

The answer to these questions will illustrate whether or not the plaintiff has made a reasonable effort to mitigate the damages.

How Vocational Experts Work With Economists

Vocational experts can also aid the economist in figuring out the value of the pecuniary damages. They do this by conducting a labor market survey to unearth employment options for the plaintiff. 

In finding those jobs, they can notify the economist what the salaries are in the local market. 

How Vocational Experts Analyze Employees

Vocational experts take a well-rounded approach to assessing employees. The employee’s entire profile must be considered to see what jobs they can work in the future. The experts do this by analyzing the entirety of the employee, including education, experience, interests, skills, and knowledge.