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Expert Witnesses in Employment Cases

Experts WitnessesIn many employment law cases, using an expert witness can be critical to winning your case or maximizing the damages you recover. Below we describe some of the most common types of expert witnesses that are used in employment law cases handled by New Jersey employment lawyers.

Economic Damages Experts

Perhaps the most common type of experts in employment law cases are economists and vocational experts. Economic experts can explain and quantify the value of your lost wages and benefits, including the value of any lost health insurance, pension, stock options, or 401(k). This can be very helpful to a jury when it is deciding how much to award you. In addition, it can be necessary to have an economic expert to prove front pay damages, meaning damages for your lost wages in the future.

Employability Experts

An employability expert is someone who has expertise about how difficult it is to find a new job in your field. They can be helpful to support your claim for front pay, or to contest your employer’s claim that you should have been able to mitigate (replace) your economic losses sooner than you did.


Another common type of expert witnesses used in employment law cases are mental health professionals, including psychologists, psychiatrists, psychotherapists and social workers. Although you are not required to have an expert to prove emotional distress damages under New Jersey or New York law, one of these experts can be very helpful to prove that your employer’s wrongful conduct caused or exacerbated your emotional pain and suffering.

Likewise, a psychotherapist can help maximize the damages you are awarded for your emotional distress by explaining the severity of your symptoms. In fact, having a psychotherapist testify often is required before a jury can hear that you have been diagnosed with a medical condition such as clinical depression or anxiety, post-traumatic stress disorder ("PTSD"), or another psychiatric disorder caused by your employer’s wrongful actions.

Depending on the circumstances, you might be able to use the psychotherapist who has been treating you as an expert witness. Alternatively, you can hire a forensic expert specifically to testify in your case.

In addition, employers sometimes hire their own psychotherapists to try to contradict your expert, or to provide an alternative explanation for the emotional distress you experienced as a result of your employer’s violation of your legal rights.

Other Medical Experts

In some employment law cases, other medical experts can be helpful or even necessary. For example, in a disability discrimination case, including a claim that your employer failed to provide a reasonable accommodation for your disability, you might need a doctor to testify about your disability and the extent to which it impacts (or does not impact) your ability to perform your job. Similarly, in a case under the Family & Medical Leave Act ("FMLA") or the New Jersey Family Leave Act ("NJFLA"), you might need a physician to establish that you or your family member has a “serious medical condition” and that you needed to take time off from work as a result.

Experts in Whistleblower Cases

If you have a whistleblower retaliation claim, such as a case under New Jersey's Conscientious Employee Protection Act ("CEPA"), then you might want or need a subject-matter expert who can explain technical issues that a jury is unlikely to know or understand. For instance, this could include an expert to testify about relevant tax laws, food and drug regulations, safety requirements, or another area of the law that you blew the whistle about.

Contact Our New Jersey Employment Lawyers
If you have a potential or pending employment law case, Rabner Baumgart Ben-Asher & Nirenberg, P.C., can help.  From our office in Bergen County, New Jersey, we handle cases throughout New Jersey, as well as in New York City, and Westchester and Rockland County, New York. Please feel free to contact us online, or to call us at (201) 777-2250.

Client Reviews
"I worked with Jonathan Nirenberg, ESQ on a sensitive emotional employment matter. Mr. Nirenberg was quick to respond, offered excellent advice, and always followed up with phone calls or emails when needed. My situation was settled out of court within a short period of time with the best possible results for not just me but also for the employer. Highly recommend and would seek his help again if needed..." Linda Busch, PhD
"We've had the pleasure of working with Jonathan on multiple individual and class employment cases. Jonathan is a skilled, dedicated and caring attorney that works diligently to bring justice for his clients. We would recommend Jonathan as a legal resource for any employment cases." Stephan Zouras, LLP
"I felt alone and without a voice, until I hired Jonathan I. Nirenberg of Rabner Baumgart Ben-Asher & Nirenberg, P.C. Mr. Nirenberg represented me in an employment matter. Without his help, I know that I would not have had the extremely successful outcome I had. Jonathan was not only professional, but very empathetic to what happened to me. Jonathan gave me support, and options in relation to a challenging employer/employment situation which was an extremely difficult time in my life..." Shelly Smith