Employment Litigation Support

Our employment litigation support quantifies back pay, front pay, and lost benefits with assumptions stated openly so they can be tested. The work draws on the same discipline as our personal injury and commercial litigation support practices, with broader economic consulting and valuation where a matter needs it. Wage and worklife data from the Bureau of Labor Statistics anchor the projections.

What employment litigation support quantifies

Employment damages are rarely a single number. Depending on the claim, the analysis covers:

• Back pay — earnings and benefits lost from the adverse action to the present, net of actual mitigation.
• Front pay — projected future loss, with the worklife, growth and discount assumptions stated openly so they can be tested rather than defended.
• Lost benefits — employer contributions to health and retirement, and where relevant stock options, warrants and other equity compensation.
• Tax gross-up — the additional tax burden created when several years of income arrive in a single award.
• Statistical analysis — pay, hiring, promotion and reduction-in-force patterns, where the question is disparity across a workforce rather than one person’s loss.

Wage-and-hour and class matters

We work wage-and-hour matters at all three phases — class certification, liability and damages — and we will tell you at the outset which of them the data can actually support.

• Regular rate of pay, including bonuses and incentive pay
• Off-the-clock work and rounding practices
• Meal and rest period premiums
• Unpaid overtime and minimum wage
• Misclassification and exempt status
• Termination and waiting-time pay
• PAGA exposure and stacking

Where a class model is proposed, the question that decides certification is usually whether damages can be computed on common proof. That is an empirical question about your data, and it is answerable before you move.

What we need to start

For the conflict check, party names only. Nothing privileged, and no documents.

Once engaged, the analysis usually runs on payroll and timekeeping data, the personnel file, benefit plan documents, and — in class matters — the class list and a sample of time records. If a record you expect us to need does not exist, that changes the approach rather than ending it, and we would rather know early.

Frequently asked questions

What does a forensic economist do in an employment case?

The economist quantifies the economic loss caused by the alleged conduct — most commonly lost back pay, lost front pay, lost benefits and, where applicable, the earnings differential after mitigation. In statistical matters, the economist may also analyze workforce data for patterns relevant to liability or class questions.

What is the difference between back pay and front pay?

Back pay runs from the adverse action to trial and is largely a matter of record. Front pay runs forward from trial and rests on assumptions about how long the loss continues — which is where most cross-examination lands, and why those assumptions are stated explicitly in the report.

How does mitigation affect the calculation?

Actual earnings after the adverse action are deducted. Where mitigation is disputed, the analysis can be presented on alternative assumptions so the trier of fact can see the effect of each, rather than being asked to accept one.

Can you work as a rebuttal expert?

Yes, and a meaningful share of our employment work is rebuttal rather than affirmative. Tell us at the conflict-check stage which role you need — the scope and the timeline are different.

Do you work for defendants?

Yes. We are retained by both plaintiff and defense counsel and apply the same method either way.

What are your rates?

We send the rate schedule and a full CV with the proposal after the scoping call, so you are pricing against a defined scope rather than a number in the abstract.