In breach of employment contract cases Philip
Saunders Associates (PSA) estimates the economic damages suffered by the former employer.
Alternatively, PSA may estimate the economic damages suffered by the former employee
or the new company, if one or the other brings counter suit for tortious interference. In
wrongful discharge and sexual harassment cases, PSA estimates the present value of future lost compensation
(front pay).
Selected cases
For defendant in wrongful
discharge and sexual harassment suit, identified methodology problems in
plaintiff’s expert’s economic report, providing basis for Daubert
challenge. Worked with client attorney on motion to exclude opposing
expert’s testimony and drafted supporting affidavit, documenting expert’s
misapplication of cited court rulings on economic issues and failure to meet
four separate standards enunciated in Daubert and cases following Daubert.
Case settled for less than 10% of amount claimed.
For retail and wholesale oil distributor charged with wrongful
discharge of sales manager, PSA estimated plaintiff's expected future compensation at
former position and potential mitigating income. PSA's analysis showed damages were 80%
less than claimed. Subsequently, client attorney wrote, "Dr. Saunders' work on this
matter was focused, efficient, and useful. He made himself available by telephone and in
person, even when it meant reworking calculations late into the night to respond to
testimony during trial. Working with him was a pleasure."
For discharged manufacturing line supervisor in age
discrimination suit, PSA reviewed work history, promotion and pay history, benefits
records, company personnel policies, and corporate financial condition and stability. PSA
estimated lost compensation (front pay) and provided report, which was basis for
settlement.
For bank charged with wrongful termination of a chief lending
officer seeking whistleblower protection, PSA demonstrated overstatement of loss by
opposing expert, designed and analyzed industry survey of bank lending officer positions
to estimate probable longevity in position, and analyzed real estate
market and broker compensation, demonstrating plaintiff's potential for mitigation of lost
income in new occupation. $1,500,000 claim settled on confidential terms with which client
was "very happy."
Getting the Most From An
Economic Expert, Massachusetts Lawyers Weekly.