The question of what, if any, impact of the Plaintiff’s termination may have on their lost past earnings or lost future earnings is a valuable service the employment expert witness can offer to the Plaintiff or Defense attorney. The employment expert witness can determine and testify about the Plaintiff’s ability to return to work in their previous occupation, and their ability to earn money equivalent to their pre-termination earnings when employed in the future.
An Employability Assessment May Include:
- An in-person evaluation of the Plaintiff to determine their education and applicable past work experience
- Identification of previously learned skills, and medical limitations
- A review of the relevant literature about needs and skills warranted to perform the job
- An investigation of the state as well as federal databases regarding earning capacity for the position
Based on this collection of information, the vocational expert will determine what jobs, if any, the terminated Plaintiff can perform, as well as what these jobs pay in the local labor market. The salaries for the open jobs are compared to the average salaries for the same jobs in the Plaintiff’s geographical area. Labor Market Research and federal and state government wage surveys will be used to obtain the salaries for open jobs.
Dr. Manges performed an employment law case where which involved 10 salespersons who ended their careers with a cable company. The plaintiffs were not available for an in-person evaluation and so their personnel records, testimony by deposition and a transferability of skills was performed. It was determined that all of the workers had alternative job opportunities and although some had made a reasonable and realistic job search others had not. For some most, there was no loss of future earnings. In another case, Dr. Manges was asked to determine if a recently discharged Director of Nursing had the capacity to be re-employed for a different hospital or alternative medical facility following her dismissal for cause. It was determined she had many opportunities that she did not take advantage of and her job search post discharge was neither reasonable nor realistic. Therefore, there was no future loss of earnings. As an employment expert witness, Dr. Manges can help in employment law cases, assisting in documenting the case damages.
Dr. Manges has testified about:
- The plaintiff’s reasonable job search after their termination
- The person’s post-termination ability to work
- The plaintiff’s post-termination earning capacity