Solomon v. Highland Park Civil Service Commission

I am in agreement with the result and reasoning of the majority but believe further discussion on the question of the applicability of the doctrine of mitigation is warranted.

The majority analysis relies primarily upon Shiffer v Gibraltar Schools, 393 Mich 190; 224 NW2d 255 (1974), and Hamtramck Civil Service Commission v Pitlock, 44 Mich App 410; 205 NW2d 293 (1973), to establish the proposition that a back pay recovery must be subject to mitigation by subtracting wages actually earned. Plaintiff asserts, however, that these cases are not applicable to the present facts since they did not…