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Critique of Alleged Termination Damages for Large Retailer
The Situation
In a wage and hour case alleging that a large retailer failed to pay vacation and personal time owed as of termination, NERA was retained to assess class certification and damages issues.
NERA's Role
Our experts developed an in-depth understanding of the complex interactions between the payroll, cash office, and timekeeping databases. We combined this knowledge with individualized review of a sample of personnel records, as well as corroborating aggregate statistics.
The Result
Our analysis demonstrated that the electronic business records could not be used to assess liability. Our analysis also revealed that plaintiffs' expert had incorrectly analyzed these records and was used in support of a Daubert motion.