All businesses, large and small, are at risk for employment litigation and numerous studies cite that these cases now represent the majority of cases filed against businesses in the federal and state courts.
These lawsuits are most often filed against an employer for violation of employment rights that are protected by law and may include suites for: wrongful termination, discrimination, retaliation, sexual harassment, hostile workplace, or invasion of privacy.
In addition to legal interpretation, there will likely be extensive financial analysis that needs to be performed in order to develop or review financial claims and to quantify the loss incurred by the plaintiff. VFP’s involvement in these disputes is driven by the need to quantify the loss incurred by the plaintiff for use in settlement or to establish damages for use in court.
The damages calculations in these cases are complicated by the number of independent and interdependent variables that must be evaluated and when applicable, assigned value. Some of the variables that VFP incorporates into our analyses include:
- Total Compensation Package (salary, bonus, commission)
- Benefits (health, life, and disability insurance, and pension and profit sharing plans, vacation time)
- Share or Stock Based Incentive Compensation (stock options, stock purchase plans, warrants)
- Deferred Compensation Plans
- As well as others
VFP has experience that with numerous activities that apply to employment litigation matters including:
- Developed stock option values for private and public companies
- Developed restricted stock values for private and public companies
- Modeled range of benefits due until deferred compensation plans
- Modeled vesting schedules and range of benefits due for profit-sharing plans
- Modeled and determined value of complex pre-paid compensation plans with multi-year vesting and integrated promissory notes
- Performed statistical analysis for similarly situated employee groups
- Developed scenario analysis to model range of exposure for employer liability
Our goal is to provide insightful analysis and expert reports to assist our clients in settlement efforts and, when needed, as an expert witness in court.