Wrongful termination, sexual harassment, age or sex discrimination, and discrimination or refusal to employ plaintiffs who qualify for protection under the Americans with Disabilities Act are some of the matters in which Employment law can be helped by a vocational expert. Vocational experts offer testimony about the plaintiff’s damages. These damages include the plaintiff’s loss of past and future earnings. Vocational experts offer evaluations and testimony to the court when these damages apply.

The question of what, if any, impact of the Plaintiff’s termination may have on their lost past earnings or lost future earnings is a valuable service the vocational expert can offer to the Plaintiff or Defense attorney. The vocational expert can determine and testify about the Plaintiff’s ability to return to work in their previous occupation, and their ability to earn money equivalent to their pre-termination earnings when employed in the future.

Employment Expert Witness Help in Assessing Employ-ability

  • An in-person evaluation of the Plaintiff to determine their education and applicable past work experience
  • Identification of previously learned skills, and medical limitations
  • A review of the relevant literature about needs and skills warranted to perform the job
  • An investigation of the state as well as federal databases regarding earning capacity for the position
When the plaintiff is available, the vocational expert may administer a battery of vocational tests to assess the individual’s achievement level, skills, and aptitudes. It is not unusual for the vocational expert to also perform a transferability of skills evaluation to determine what type of occupation(s) the Plaintiff can perform if they cannot return to their pre-termination employment. Transferability means what can the plaintiff use from their past work and education to apply to other jobs similar to the one in which they were working before the lost the job.
Based on this collection of information, the vocational expert will determine what jobs, if any, the terminated Plaintiff can perform, as well as what these jobs pay in the local labor market. The salaries for the open jobs are compared to the average salaries for the same jobs in the Plaintiff’s geographical area. Labor Market Research and federal and state government wage surveys will be used to obtain the salaries for open jobs.
The vocational expert is an employability expert. The expert will review the Plaintiff’s job search, if any, to determine if the job search conducted was reasonable and realistic.

Dr. Manges performed an employment law case where which involved 10 salespersons who ended their careers with a cable company. The plaintiffs were not available for an in-person evaluation and so their personnel records, testimony by deposition and a transferability of skills was performed. It was determined that all of the workers had alternative job opportunities and although some had made a reasonable and realistic job search others had not. For most, there was no loss of future earnings. In another case, Dr. Manges was asked to determine if a recently discharged Director of Nursing had the capacity to be re-employed for a different hospital or alternative medical facility following her dismissal for cause. It was determined she had many opportunities that she did not take advantage of and her job search post discharge was neither reasonable nor realistic. Therefore, there was no future loss of earnings.As a vocational expert, Dr. Manges can help in employment law cases, assisting in documenting the case damages. Dr. Manges has testified about:

  • The plaintiff’s reasonable job search after their termination
  • The person’s post-termination ability to work
  • The plaintiff’s post-termination earning capacity
Court cases, including the Supreme Court in New Jersey, opined in the Quinlan Case that in order to prove future lost earnings, the Plaintiff’s attorney must hire a vocational expert, as well as an economist.
Dr. Manges provides vocational expert services in Employment Law cases. He has been a retained expert witness and qualified to testify in Ohio, West Virginia and Kentucky. Dr. Manges has experience working for both Plaintiff and Defendant in Employment Law cases.

Dr. Kenneth Manges is a Forensic Psychologist and vocational expert who offers consultation and comprehensive evaluations. His analyses have been recognized for their clarity and scientific rigor. He offers reasonably certain opinions about the psychological impact of physical injury or emotional trauma as they affect earning capacity and the impact of loss on future work and quality of life. Well regarded in the litigation arena, he is a trusted and respected authority and offers evaluations that have been consistently upheld in both state and federal courts. Call Dr. Manges at 513-784-1333 or send him an email by copying and pasting the following email address into your preferred email account: manges@drmanges.com.