Employability and Earning Capacity
Vocational Evaluations and Expert Testimony
Julie Jansen provides vocational evaluations and expert witness testimony specializing in divorce and employment discrimination cases. The purpose of the evaluation in divorce cases is to assess a spouse’s employability and earning capacity to aid in determining spousal maintenance and child support.
In employment discrimination cases, the evaluation assists with determining vocational and monetary loss. Julie evaluates a person’s education, work and salary history, interests, existing and transferable skills, knowledge, and experience to determine which career options are the best and most realistic fit. She also conducts an analysis of available jobs, salaries, and labor market conditions across the United States to assess the likelihood and timeframe that the individual can find a job and what their earning capacity is.
Impact on Results
Julie’s vocational evaluation, market and trends research, and wage and benefits loss analysis can have a significant impact on spousal negotiation and maintenance as well as defendant’s motion for summary judgment in discrimination cases.
A Contemporary Approach to Vocational Evaluation in Divorce Cases
Excerpt: Most vocational experts in divorce cases are vocational rehabilitation counselors and consultants who use the Vocational & Rehabilitation Assessment Model (VRAM) to conduct vocational evaluations. However, a more contemporary, strengths-based model is often a better approach in divorce cases where the primary issue is the employability and earning capacity of unemployed or underemployed spouses...
Vocational Expert FAQs
Q: What is a vocational expert?
A: A vocational expert is someone with extensive employment and job market knowledge who is skilled at evaluating every aspect of a person’s employability including their:
- Ability to work full-time or part-time
- Medical history
- Accommodation needs
- Work history
- Salary history
- Earning capacity
- Skills and competencies
- Transferable skills and competencies
- Work or career goals
- Volunteer/community activities
- Professional memberships
- Social media presence
- Job search activity
Q: Why hire a vocational expert in a divorce or employment discrimination case?
A: In divorce cases one or both spouses need to have their employability and earning capacity assessed for consideration in determining spousal maintenance and/or child support. Perhaps the spouse has been out of the workforce for a gap of time, or an event has occurred that requires the spouse to change careers, such as illness or an injury. Additionally, the spouse may need to update his or her skills or knowledge through experience, education, or professional development.
In employment discrimination cases, the evaluation assesses vocational and monetary loss, as well as the individual’s ability to find a new similar job or transfer his or her skills into a new career.
As a vocational expert, Julie develops an objective and accurate assessment of the spouse or former employee’s employability and earning capacity through her knowledge of jobs and industries as well as comprehensive market research.
EVALUATE EARNING CAPACITY
If one spouse is requesting spousal maintenance, the other spouse can ask that Julie conduct a vocational evaluation to determine earning capacity in the current job market.
Both spouses can hire a vocational expert, especially in contentious divorce cases, to ensure that conclusions about spousal maintenance and child support are fair and reasonable. In this situation, each spouse can review the other vocational expert’s report to provide another opinion to the judge.
In discrimination or wrongful termination cases, Julie conducts an earning capacity analysis using multiple reliable sources of compensation data from salary surveys, third party reports, and public sources.
Hiring Julie to provide a vocational evaluation can also benefit the spouse by helping him or her achieve career satisfaction and professional growth. Julie’s strengths include helping individuals improve their vocational outreach and focus, which can be especially helpful during these difficult periods.
IMPACT ON RESULTS
Finally, Julie’s vocational assessment, market and trends research, and wage and benefits loss analysis can have a significant impact on spousal negotiation and maintenance.
Q: How does the vocational expert assessment process work?
A: If you are a family law/matrimonial lawyer working on a divorce case involving a non-working or underemployed spouse, or an employment lawyer with a discrimination case, please contact Julie at 203-918-1703 for a phone consultation. She can then send her fee rate sheet and CV.
If you hire Julie to conduct a vocational evaluation, she will send an agreement with a request for a retainer. Once Julie receives the retainer, she will send the vocational questionnaire to the spouse who is being evaluated or to you as their attorney. She will also schedule an interview with the individual and request their resume, salary history, and a job search journal (if applicable). Julie will also review the deposition transcript for this information.
RESEARCH AND REPORTING
Upon completing the interview, Julie will research jobs, industries, and salaries, conduct a market analysis, and prepare a comprehensive personalized Vocational Report.
Vocational Expert Witness
Julie Jansen is also available to provide Vocational Expert Witness testimony at deposition or trial for which she charges additional fees. Contact Julie at 203-918-1703 to learn more about these services.