If you have been the victim of wrongful dismissal, your lawyer may employ expert witnesses in your case to help you secure a settlement that reflects your financial impact. These experts will review the circumstances of your termination and provide opinions regarding industry standards, employment practices, and damages. In addition, these experts can also assist with determining the extent of any emotional distress that you have endured due to your former employer’s actions.

These types of expert witness are typically hired by both plaintiffs and defendants in cases involving wrongful termination, wage and hour violations, harassment, breach of contract, and other labor law matters. These experts can help you determine whether your termination was consistent with standard business practices, and they can also evaluate the monetary impact of your loss such as lost wages, benefits, and emotional distress.

Expert witnesses are essential to wrongful dismissal lawyer cases, and a skilled New Jersey employment attorney will utilize them as needed. However, the use of these experts is governed by the rules of evidence and the Federal Rules of Procedure. A trilogy of US Supreme Court cases – Daubert v. Merrell Dow Pharmaceuticals, Inc.,

General Electric Company v. Joiner, and Kumho Tire Co. v. Carmichael – transformed the law of expert witness admissibility in US courts, eliminating the rule of Frye that barred scientific evidence that had not received general acceptance within the relevant field and replacing it with a framework based on Rule 702 of the Federal Rules of Evidence.

While this rule provides a clear guideline for the use of expert witnesses, it is not without its limitations. For example, if an expert has been hired specifically for the purpose of providing testimony in litigation, the judge should consider this fact before allowing their opinion to be presented in court. However, the expert should be able to demonstrate that they have applied the same level of intellectual rigor as they would in their professional work outside the scope of their paid litigation consulting.

An expert’s opinion must be based upon “sufficient facts or data such that a reasonable person could reach the same conclusion.” Daubert v. Merrell Dow Pharm., Inc., 43 F.3d 1311, 1317 (9th Cir. 1995).

The expert’s conclusions must be based on the application of accepted methodologies in his or her particular field of expertise. The expert must also be able to explain how his or her conclusions are reached in the context of those methodologies. This requirement is intended to ensure that an expert’s conclusions are based on the application of reliable principles and methods, rather than simply on personal belief.

If you have suffered severe emotional distress as a result of your employer’s misconduct, an expert psychologist can help maximize the amount of damages you can be awarded. The expert can explain how the wrongful conduct injured you, why you suffered severe emotional distress, and how it is likely to affect your future life.