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).

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