Jottings By An Employer's Lawyer |
Tuesday, February 24, 2004
Post Termination Conduct - Can Impact Front Pay and Reinstatement
It requires no leap in logic to conclude that if an unreasonable rejection of an offer of reinstatement precludes a front pay award, then post-termination misconduct of a type that renders an employee actually unable to be reinstated or ineligible for reinstatement should also be one of the "factual permutations" which is relevant in determining whether a front pay award is appropriate.Although there is a dissent, it seems to go only to whether the facts of this case call for the application of this principle, rather than disagreeing with the principle as a matter of law.
|
|