PROVE DAMAGES IN WRONGFUL TERMINATION, SEXUAL HARASSMENT, AND UNPAID WAGE LAWSUITS

Ultimately, the employee who brings an employment lawsuit has to prove the lawsuit. If it is proven that the employer is responsible for the what the employee has sued for the fact finder in the case has to determine the employee’s damages. In many cases damages are proven without an expert witness. However, some employee lawsuits are best tried before an arbitrator, judge, or jury with an expert witness opining on damages.

The types of expert witnesses that might be used in employment lawsuits include:

• Professionals familiar with making large scale calculations (CPAs and economists)

• Vocational experts testify how long it will take an employee to find a job, what kind of jobs are available in the labor market, and how long somebody with the employee’sbackground should take to find a job

• Mental healthcare professionals (psychologists, psychiatrists, and therapists) testifywhether the employee has suffered emotionally due to the wrongful conduct, to whatextent they have suffered, and what the diagnosis may be

Mental healthcare is most relevant in sexual harassment and discrimination cases. Employees who are whistleblowers and have filed for wrongful termination may also suffer emotionally to the extent they are seeking damages for their emotional distress which may necessitate a mental healthcare expert. The use of a mental healthcare expert requires the employee suffered enough that they treated for their emotional injuries. Mental healthcare experts might not be effective if the employee never treated, but a mental healthcare professional years later is claiming the employee must have suffered emotionally.

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WHAT IS AN EXPERT WITNESS IN A LAWSUIT FOR UNPAID WAGES, SEXUAL HARASSMENT, OR WRONGFUL TERMINATION?

An expert witness must be shown to possess scientific, technical or other specialized knowledge, skill, training or education on the subject matter of his or her testimony. The expert's techniques and evaluations must help the trier of fact to understand the evidence or to determine a fact in issue. The proposed expert testimony must have a valid scientific connection to the pertinent inquiry. This means the expert witness is there to fill in gaps and explain things which are outside the realm of an ordinary person’s knowledge. In order to do so, they must use techniques, education, and training the average member of the public lacks. An expert's opinion must be based on facts or data perceived by or made known to the expert at or before the hearing or trial. The data relied upon by the expert in forming his or her opinion must be of the type reasonably relied upon by experts in the field.

Experts offer testimony or reports about things outside the ordinary knowledge of somebody who does not possess the expert’s qualification. Expert evidence has to involve that which is beyond common experience. In other words, experts are not there to testify to about matters known to or sway juries with common sense.

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EXPERT WITNESSES IN SEXUAL HARASSMENT, WRONGFUL TERMINATION, AND UNPAID WAGE LAWSUITS SHOULD BE USED WITH CAUTION

There are severe limits on the role of an expert witness. They are not there to solve the entire case, but that is the least of the issues. Experts are not allowed to testify what the law is in the United State or California. They are not allowed to testify to ultimate issues of fact.

All experts are paid by the side who prefers their evidence. Besides the fact these are bought witnesses, some experts only testify for one side. This means there is inherent distrust in what the expert is saying. Is the expert going to be believed? Due to these factors which include extreme expense, the client and lawyer need to evaluate whether an expert witness is the way to go.

In class actions involving unpaid wages experts are often used for statistical sampling. Instead of every paystub for every class member being introduced an expert might pick a random sample of 100 paystubs. Experts are also needed to do daily, monthly, and ultimate calculations of every hour not paid for at the right rate of pay, the total due for overtime, and even interest. This is an example of when an expert probably has to be used.

Experts generally cost between $600 to over $1,000 an hour. If they also use staff members the staff members may have a lower billing rate. However, experts merely relying on non-expert staff members will probably run into problems for a variety of reasons. Hiring an expert is very expensive. If not monitored the bill can be detrimental to a case settling. Particular care must be used in monitored experts.

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