Should fringe benefits be used in the computation of economic damages in a wrongful
discharge case? Why or why not?
Yes. Fringe benefits are non-wage compensations in addition to an employee’s wages, like
health insurance, life insurance, retirement plane, etc. It is a valuable benefit that an employee
receives. Fringe benefits should be considered in the computation of economic damages in a
wrongful discharge case because in wrongful discharge cases the employee will be deprived of
“The objective of an analysis of lost compensation is to determine, within reasonable economic
certainty, the accurate value of wages and fringe benefits that someone would have likely
earned and received but-for a disruptive incident. A reasonable estimate of an individual’s lost
wages and fringe benefits has to be based on the likelihood that such earnings would in fact
Excluding fringe benefits from the computation of damages would substantially understate the
damages suffered by a plaintiff in a wrongful discharge case.
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