Wrongful Termination

In wrongful discharge cases, a plaintiff is often required to mitigate the damages suffered as a result of the lost employment.  The calculation of economic damages may take into account what the employee might have earned had he or she properly mitigated his or her losses.  Thus the calculation of lost compensation can be more complicated than the projection of what the employee would have earned had they not been wrongfully terminated.

Key questions addressed by Employment Research Corporation may include:

  • If an employee did not find employment prior to the trial, did the employee do a "reasonable" job of looking for work?
  • How much would a wrongfully terminated employee have earned if not terminated?
  • If an employee did a "reasonable" job of looking for work and still did not find comparable work, what is likely to be:
    • The length of time before finding work
    • The progression of future wages

In evaluating an employee's job search, Employment Research Corporation uses a unique analysis based on economic indicators to place the employee's job opportunities in a relevant context.  The labor market situation may vary based on several factors, such as the appropriate definition of the geographic area in which the employee was looking for work, the relevant time period, and the employee's profession, industry, and qualifications. 

Employment Research Corporation, through Forensic JobStats LLC and Wanted Analytics, has access to a unique and comprehensive on-line database of electronic help wanted ads.  This database can be accessed to retrieve historical information about employment opportunities advertised on the Internet for the employee's occupation during the entire time period of the loss.  The available data includes postings from leading sites such as and Career Builder as well listings for state employment agencies and on-line editions of local, regional, and national newspapers for five years from 1,500 sources. 

Employment Research Corporation has prepared mitigation reports and calculations of economic loss for plaintiffs and defendants, involving large and small organizations in the public and private sectors in matters involving many different industries and occupations.


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