By Bill Ruhling, JD
When a former employee claims wrongful termination, a common way he can establish damages is to assert that his future earning capacity was impaired.
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To adequately assess such a claim, a jury needs to have sufficient evidence to calculate a nonspeculative amount that will provide fair compensation. What type of evidence is appropriate?
In Egan v. Butler, the Virginia Supreme Court recently held that a jury may consider the employee’s employment history as part of the calculus.
The court further explained that when the jury is assessing whether to award punitive damages against the employer for a manager’s egregious conduct, the test is whether the manager had sufficient discretion and authority to be deemed a “responsible actor.”
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