In last week’s installment of The Proactive Employer, we discussed planning for a reduction in force and the importance of examining your initial selections for adverse impact. As a follow-up to our termination theme, this week we’ll be discussing economic damages in wrongful termination litigation.
When evaluating the economic damages in wrongful termination litigation, the central question being addressed consists of two components: (1) what is the likely compensation that the individual would have earned but for the alleged wrongful termination, and (2) what is the likely compensation that the individual can be expected to earn from alternate employment given the alleged wrongful termination.
In this installment, we’ll discuss wrongful termination and the factors that go into a calculation of damages resulting from wrongful termination. We’ll talk about the importance of mitigation and the kinds of information about job search and alternate employment that go into the damages calculations.