13 Aug WHAT IS A WRONGFUL TERMINATION EXPERT WITNESS? TESTIMONY CONSULTANT EXPLAINS
Readers asked: What is a wrongful termination expert witness? Basically, it’s a consulting and testifying advisor hired to provide testimony in legal cases where an employee claims they were unjustly fired from their position. Law firms curious to learn what is a wrongful termination expert witness should know that pros tend to have experience with employment law, human resources practices, and the factors that contribute to lawful or unlawful partings. In cases involving the matter, pros can be helpful in helping the court understand issues related to labor law, workplace policies, and the legitimacy of the employer’s actions.
Job of a Wrongful Termination Expert Witness
When asking what is a wrongful termination expert witness, be advised that a thought leader’s job is to provide clear and credible testimony that helps to explain whether the employee’s dismissal violated legal standards or employment agreements. Job responsibilities include:
Legal Evaluation: Thinking about what is a wrongful termination expert witness, pros assess whether the termination violates specific labor laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), or whistleblower protection laws. An expert can clarify if the firing was in retaliation for legally protected activities, such as reporting harassment, discrimination, or illegal business practices.
Employment Policy Review: A wrongful termination expert examines the company’s policies and procedures for firing employees. SMEs determine if the employer followed established protocols or if the firing was arbitrary or discriminatory. As you consider what is a wrongful termination expert witness, pros can also assess whether the employer’s conduct deviated from industry standards or their own internal guidelines.
Workplace Behavior Assessment: Experts evaluate whether the employee’s performance or behavior warranted termination. Leaders can review performance appraisals, attendance records, and any warnings given to the employee to determine if the termination was based on legitimate grounds or was an unjustified action by the employer.
Testimony on Damages: In cases where the termination is found to be wrongful, knowing what is a wrongful termination expert witness means understanding that authorities may assist in calculating damages caused by the firing. That includes lost wages, benefits, emotional distress, and any negative impacts on the employee’s career or mental health.
Types of Wrongful Termination Expert Witnesses
Employment Law Experts: Typically attorneys with extensive knowledge of employment law. Pros offer guidance on the legal framework surrounding wrongful termination and provide opinions on whether the employer’s actions were legally justified.
Human Resources (HR) Experts: HR experts review company policies, employee handbooks, and hiring or firing procedures to determine whether the employer adhered to standard human resources practices. They can identify if the termination was mishandled or unlawful.
Forensic Psychologists: In cases involving emotional distress or psychological harm resulting from wrongful termination, forensic psychologists may testify about the mental and emotional impact of being fired and its effects on the employee’s wellbeing.
To answer what is a wrongful termination expert witness, keep in mind that the work of consultants is essential for helping the court understand the legal and practical aspects of a related case. Whether providing legal analysis, reviewing company policies, or assessing damages, pros help ensure a fair outcome for both the employee and employer in such a dispute.
