FSS used a generally accepted methodology to calculate lost earnings based on the total compensation the plaintiff could have earned but for her termination.
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SITUATION: A former city employee claimed she was wrongfully terminated in retaliation for raising concerns of health and safety issues and questionable financial management practices in her department. FSS was hired to compute a reasonable and reliable estimate of lost earnings and to testify to our findings of economic loss in state court.
STRATEGY: FSS used a generally accepted methodology to calculate lost earnings based on the total compensation the plaintiff could have earned but for her termination. Total compensation was determined to include past and future wages, employer contributions to the 401(k) plan and expected interest earnings therefrom, employer paid healthcare and employer funded retirement benefits. FSS provided expert testimony regarding the calculation of lost earnings.
RESULTS: The jury rejected the city’s claims that the termination was not retaliation and awarded the plaintiff $1.5 million – the total damages calculated by FSS.