Labor and Employment

Labor Economic Loss/Damages

NERA economists have calculated economic damages for one or more plaintiffs in cases alleging discrimination, wrongful termination, personal injury, or wrongful death where liability has been established. Our experts recognize that accurate calculations require knowledge of each plaintiff's individual situation, as well as that of the defendant. Too often, loss estimates based on generalities and economy-wide trends are substituted for information specific to the parties involved.

NERA's approach to finding the correct amount of each plaintiff's economic damages is based on accumulating all information necessary to accurately model earnings but-for the alleged wrongful conduct and the expected earnings given such conduct. Use of such information allows us to develop realistic assumptions about expected earnings growth patterns and the tenure of workforce participation. We understand that actual earnings following events such as an alleged wrongful termination may not reflect expected earnings for a similar-situation employee. To generate a reliable estimate, our economists pioneered a method of assessing the reasonableness of plaintiffs' efforts to mitigate their losses. We have submitted expert reports and testified about economic damages at trial, providing clear descriptions of the complex statistical analyses that may be required in these cases.