Damages in employment disputes

• Author: Stanley P. Stephenson/David A. Macpherson
• Pages: 303-318

DAMAGES IN

EMPLOYMENT DISPUTES

15-1

CHAPTER 15

DAMAGES IN EMPLOYMENT DISPUTES

By Josef‌ina v. Tranfa-Abboud Ph.D, CFE, MAFF

§1500 IN GENERAL

§1510 OVERVIEW OF APPLICABLE LEGISLATION

§1520 CURRENT TRENDS IN EMPLOYMENT DISPUTES AND ALTERNATIVE DISPUTE RESOLUTION

§1521 Current Statistics from the EEOC

§1522 Relevance of Alternative Dispute Resolution

§1530 EMPLOYMENT DISPUTES AND THE ROLE OF THE ECONOMIST

§1531 Single Plaintiff, Multiple Plaintiffs, and Class Actions

§1532 The Role of the Economist

§1533 Statistical Analysis in Employment Disputes

§1534 Economic Damages Modeling in Employment Disputes

§1540TYPES OF CLAIMS IN EMPLOYMENT DISPUTES

§1550 THE ECONOMIC DAMAGES MODEL

§1551 A Word on Work-Related Expenses

§1552 A Word on Present Value

§1553 Back Pay, Front Pay

§1554 Conditions Limiting or Extending the Period of Damages

§1554.1 Jurisdiction

§1554.2 Occupation, Geography, and the Likelihood of Reaching Parity

§1554.3 Job Of fer

§1554.4 Reinstatement

§1560CATEGORIES OF ECONOMIC DAMAGES IN EMPLOYMENT DISPUTES

§1561 Loss of Base Compensation

§1562 Loss of Seniority-Based Differential Earnings

§1563 Loss of Overtime and Shift Differentials

§1564 Loss of Performance-Based Compensation

§1565 Loss of Deferred Compensation

§1566 Loss of Vacation/Paid Time Off

§1567 Loss of Fringe Benef‌its

§1568 Potential Diminution in Social Security Retirement Benef‌its

DAMAGES IN

EMPLOYMENT DISPUTES

Determining Economic Damages 15-2

§1570 INFORMATION AND DATA NEEDED, SOURCES, AND CHALLENGES

§1571 Pre-Event Employer/Expected Employer Data and Documentation

§1572 Post-Event Employer/Expected Employer Data and Documentation

§1573 Documents and Data from Plaintiff

§1574 External Data Sources

§1575 The Role of the Employability Expert

§1580 QUESTIONS THE ECONOMIST SHOULD ASK