How Does a Vocational Expert Determine Employment Capabilities and Likely Income?
- Examine prior experiences: all employment, job performance, job search activity, volunteer roles, household/family responsibilities, classes, training, interests
- Interview if possible
- Conduct vocational/aptitude testing where appropriate
- Identify transferable skills and attributes to other occupations, research those occupations to determine fit and viability
- Determine whether additional training/education or re-orientation is required and how obtained. Conduct cost benefit to determine if those occupations have expectation of improved earning capacity
- Reference published and professional resources to get most current, knowledgeable input
- Sample the targeted local labor market for these occupations and party’s likelihood to be hired
- For unemployed or under-employed, assess job search strategy and activity. In select circumstances this may include recommendations for additional resources and action for the individual’s job search
The evaluator then prepares a detailed, objective evaluation of that person’s value in the job market including earning capability. The report includes recommended occupational options and training or education if required. The report is submitted to the referring attorney
How a Vocational Expert Contributes to Employment Litigation
Ms. Wexler’s real-world experience as an executive recruiter and hiring manager provide critical insight and first-hand resources to determine a party’s employability and competitive position in the job market. As a recruiter and career coach, she has advised employers and candidates on successful hiring and job search practices, experience that the court finds highly credible when determining a party’s efforts to mitigate damages. Cases referred to Ms. Wexler include sexual harassment, age, sexual or racial discrimination, bias, wrongful termination or other workplace issues.
Her assessment includes:
- Advising attorneys when to obtain additional information to support the litigation
- A careful review of all pertinent documents
- In-depth interviews (where permitted)
- Labor market research from date of separation to present day
- Evaluation of the job search and assessment of impact on the plaintiff’s employment capabilities and imputed earnings
The evaluator then prepares a detailed, objective evaluation of that person’s value in the job market including earning capability. The report includes recommended occupational options and training or education if required. The report is submitted to the referring attorney.