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BACKPAY CALCULATOR (FCHR METHOD)

small graph icon small table icon small icon of for an xml file


Total WagesTotal InterestTotal Back Pay

User Guide

  1. Data Input: enter your data, as follows:
    1. Termination Date: enter the date you were terminated.
      • Note: more generally speaking, this is the date in which your financial injury began
      • Alternative: enter the date your salary was decreased/disparate/suppressed
    2. Judgment Date: enter the date that the judgment was entered.
      • Alternative: enter the settlement date of your case (ie, the date your agreed-settlement went/goes into effect).
    3. Annual Wages: enter your annual salary/wages
      • Note: if you didn't work an entire year then:
        1. determine the annual equivalent to your pay; and
        2. enter that number in the "Annual Wages" box
      • Note: if you're only calculating pay disparity then:
        1. determine the difference between:
          1. what you should've been paid; and
          2. what you actually were paid.
        2. annualize that number
        3. enter that number in the "Annual Wages" box
        4. example: $1,000 = $50,000 - $49,000 (should've been paid 50k, but was discriminatorily paid 49k).
  2. Recommended Usage: you'll probably get the best user-experience if you use Google Chrome.
  3. Salary Changes/Offsets: if your wages/salary changed (or were offset by subsequent employment income) then do the following:
    1. separate this calculation into multiple parts.
    2. give each part the following inputs:
      • (1) start date;
      • (2) end date; and
      • (3) annualized payout.
    3. enter each input into the calculator
    4. hit calculate
    5. record the outcome
    6. repeat steps 4b-4e for each wage/salary.
  4. Shortcuts: these keyboard shortcuts will run the calculation:
    • {ENTER} will run the calculation (if you're inside a user input field).
    • ALT+C will also run the calculation (from anywhere).

Calculation Info

  • Simple Interest: The FCHR computes judgment interest with the simple interest methodology (ie, not the compound interest method).
    • Also, the agency doesn't attempt to compound interest on top of past interest.
  • Units: The FCHR uses weekly units and quarterly units to determine the proportional interest rates
  • Weekly Rounding: The FCHR rounds the weekly units to the nearest one-half (eg, 6.50 weeks, 13.00 weeks)
  • Quarterly Assumption: The FCHR treats each quarter as being thirteen weeks long (and one-fourth of a year)
    • In other words, their calculation doesn't account for some quarters being longer than others (in terms of actual days)
  • Base/Principal: The FCHR accumulates all past [would-be] paychecks to arrive at the base/principal.
    • the base/principal is never increased by past interest.
  • Weighted Average: The FCHR takes a weighted-average of all the judgment interest rates within a year.
  • Interest Earned: For each year, the FCHR multiplies that weighted-average interest rate by the base.
    • This product becomes the interest earned for the year.
  • Totals
    • Wages = accumulation of all past [would-be] paychecks. In the table (above), this is the last row in the "Base" column.
    • Interest = sum of each year's interest. In the table (above), this is sum of each row in the "Interest Earned" column.
    • Back Pay = Wages + Interest.

Notes

  • Recency: The FCHR most-recently used this calculation method in November 2021.
    • see Final Order 21-076 (Parsons v. McGee Tire; FCHR 2019-18423; DOAH 19-005134) (11/18/2021)
    • also see Final Order 18-038 (Logan v. Brow Art; FCHR 2017-00432; DOAH 17-005005) (8/2/2018)
  • Rationale: The FCHR has not yet disclosed why it calculates judgment interest this way.
    • On April 27, 2022, TBD asked the agency why it used this methodoogy.
    • As of today's date, the civil rights agency has not responded. TBD will update this note when the FCHR answers.
    • TBD has not yet found any statute/case law/regulation/policy that says interest should/must be calculated this way.

TBD's Commentary

  • Mathematical Shortcomings: The Simple Interest Method has some well-known mathematical faults:
    • Interest does not compound upon itself;
    • Instantaneous Withdrawing-&-Depositing will impact earned interest;
    • After about a year, simple earned interest will grow slower than compound earned interest;
    • Earned interest is impacted by the calculation interval (ie, end-of-month calculation versus end-of-year calculation)
  • Continued Revelation: this mechanical calculation method lends further insight into the war that civil rights litigation wages with theory, truth, facts, and logic.
    • So, you should remain vigilant when recovering damages inflicted upon you by civil rights violations.
      • vigilance against your civil opponent; and
      • vigilance against the agencies/actors who've sworn to [supposedly] uphold your rights. (see 42 USC §1983)
  • Useful: despite the shortcomings, this calculation method is still useful. In fact, in some instances, it will yield favorable results for the injured party.
Congratulations! You're now booked up on how the FCHR calculates Back Pay!

You'll probably need to know this when calculating/making settlement offers for your civil rights case.

As always, please get the justice that you deserve

Sincerely,



www.TextBookDiscrimination.com
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