5 Questions Attorneys Should Ask When Retaining a Vocational Expert in Employment Law Cases
When litigating employment law matters like wrongful termination, discrimination, and failure to accommodate cases, vocational experts can play a critical role in assessing employability, labor market access, and earning capacity. However, not all vocational experts are equally equipped to opine on employment law matters.
Here are key questions employment attorneys should ask when reaching out to a vocational expert witness to ensure they’re suited for handling your matter:
- How often are you retained on employment law matters?
Many vocational experts have strong backgrounds in personal injury but relatively limited exposure to the unique standards and legal questions in employment litigation. Be sure to ask:
“How often have you testified or issued opinions in wrongful termination, discrimination, or ADA accommodation matters?”
The ideal vocational expert for employment law cases will regularly be retained on such cases and will have experience testifying in both plaintiff and defense matters. Look for experience with both plaintiff and defense perspectives, and familiarity with relevant statutes (e.g., Title VII, ADA, ADEA).
- What Types of Analyses Do You Perform in Employment Cases?
A skilled expert should be able to describe how they analyze:
- Employability and transferable skills
- Factors impacting placeability
- Labor market access interpreted within the unique facts of the case
- Mitigation efforts and job search documentation
- Future earning capacity
- How Do You Address Mitigation and Job Search Efforts?
Mitigation is often a pivotal issue in employment law. Ask questions like:
“How do you assess whether a plaintiff has made reasonable efforts to secure commensurate replacement employment?”
An experienced expert will be able to describe how they review job search materials, past and current labor market conditions, networking efforts, and offer insight on whether mitigation efforts were diligent and realistic.
- What Is Your Methodology for Assessing Employment Law Matters?
The reliability of an expert’s conclusions is only as strong as the methods and data they rely on. The expert’s ability to explain these methodologies in an understandable and concise way will give you a sense of their comfort level with employment law cases and how they might sound in deposition or in front of a jury. The expert should be able to easily convey their methods and explain why they are reliable and valid. If the vocational expert also does personal injury work, they should be able to articulate how their methods are different, or account for the differences, between personal injury and employment law matters.
- What Other Aspects of the Case Can You Assist With?
An experienced employment law vocational expert will be able to help with more than a report and testimony. For example, they may help you:
- Craft deposition questions for the plaintiff
- Evaluate opposing expert reports and write critiques
- Identify vocational red flags or gaps in documentation
Don’t overlook your expert’s ability to assist throughout the various phases of litigation.
Final Thoughts
In employment law litigation, choosing the right vocational expert can be a critical decision to the success of the case. By asking these targeted questions, you ensure that your expert is not only qualified for vocational matters but can specifically opine on employment law cases.
The experts at Wolstein Putts Expert Consulting provide specialized vocational expert services for employment attorneys nationwide. We’re always happy to discuss your matter with you. We’d be happy to speak with you by phone at (917) 979-2040 or to hear from you through the Contact Us form on our website.