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“Employability refers to objectively determining an individual’s capability for gaining and maintaining employment as well as determining their earning capacity. Employability and earning capacity depend on the knowledge, skills and abilities they possess, their education, work experience, the way they present those qualities to employers, their personal circumstances and the labor market environment.”

Litigation support services offered include:

  • Employability Evaluations
  • Labor Market Assessments
  • Analysis of Job Search Efforts
  • Forensic Reports
  • Expert Witness Testimony
  • Assistance With Settlement Negotiations
  • Mediation

How Can An Employability Expert Help You?

A comprehensive, objective employability evaluation assists an attorney to better value their case, to prepare their case for trial, to handle settlement negotiations and to get the best possible outcome in the event the case goes to trial. As a former Fortune 1000 Head of Human Resources, former Chair of the International Association of Corporate and Professional Recruiters, Management Professor, career coach and published career columnist and author, Lee Miller can testify with authority about the type of job someone can be hired for, factors that will enable or prevent individuals from being hired and what they can expect to earn at all levels from supervisor to CEO. Having worked with spouses returning to the workforce, he is uniquely qualified to evaluate cases involving spouses that have taken after time off to deal with family responsibilities. In addition, he is qualified and has testified on accepted practices in the field of human resources i.e. terminations, discrimination, hiring, recruiting, etc.

He offers his services in cases involving divorce, child support/ maintenance, age, race and sex discrimination, wrongful termination, failure to hire, whistleblower, non-compete, labor relations, class action cases involving human resources practices and other employment related litigation. Lee has been retained by both defendant and plaintiff’s counsel. Some examples of the types of cases for which he has been retained:

  • Evaluation of the employment prospects, future earning capacity, and job search efforts of unemployed individuals who have lost their job.
  • Evaluation of the employment prospects for returning to the workforce for spouses who have taken time off to raise families, their future earning capacity and their job search efforts.
  • Evaluation of the employment prospects, future earning capacity, and job search efforts of unemployed individuals who may be working but underemployed.
  • Evaluation of the impact on reemployment of an unemployed individual’s having been fired from their most recent position.
  • Evaluation of the efficacy of an individual’s job search efforts.
  • Evaluation of the prospect of an individual being able to find employment in their field if they have to comply with the scope of their non-compete agreement.
  • Evaluation of the recruiting practices used involving an employee’s duty of loyalty and alleged raiding of employees at his former employer.
  • Evaluation of the business necessity of hiring practices that have an adverse impact on the hiring and/or promoting of women and minorities.
  • Evaluation of the manner in which layoffs were conducted where there were allegations that they were used as a pretext for discrimination.