This blog is a forum for open and fair dialoge regarding workplace harassment in the State of California. Its aim is to explore people's experiences in the workplace and to discuss employee and employer rights. This blog should be a constructive place to learn and exchange ideas about California Employment Law and a toolbox to Fight Harassment.
Thursday, May 12, 2016
Wrongful Termination and Back Pay
In a wrongful termination case a prevailing employee is typically entitled to backpay from the date of judgment. So for example, if the case is litigated for 2 years that's two years of back pay. An employer charged with discrimination in hiring can toll the continuing accrual of back pay liability by unconditionally offering the claimant the job previously denied and, absent special circumstances, rejection of the unconditional job offer ends the accrual of potential back pay liability. The employer is not required to offer seniority retroactive to date of the alleged discrimination. Ford Motor Co. v. E. E. O. C. 458 U.S. 219, 102 S.Ct. 3057 (U.S.N.C.,1982).
Posted by Bitton & Associates at 10:14 AM
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