Legal Opinion

Fair v. Red Lion Inn

Supreme Court of Colorado

Decided June 30, 1997No. 95SC753PublishedCited by 31 opinions

1Opinion of the CourtJustice Scott

In Fair v. Red Lion Inn, 920 P.2d 820 (Colo.App.1995), we granted certiorari to address a single question: whether as a matter of law, the refusal of an employee to accept her former employer’s unconditional offer of reinstatement, after a breach of contract by the employer, constitutes a failure to mitigate damages on the part of the employee.1 Because we conclude that a discharged employee has a duty to mitigate damages by accepting an unconditional offer of reinstatement in the absence of special circumstances, we affirm the judgment of the court of appeals.

*434I.

A

In June 1987, the respondent,…

2Cases cited37 opinions

  1. Ford Motor Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1982
  2. Palmer v. AH Robins Co., Inc.Supreme Court of Colorado · 1984
  3. Gunther Graefenhain and Philip Miller, Cross-Appellees v. Pabst Brewing Company, Cross-AppellantCourt of Appeals for the Seventh Circuit · 1989
  4. 66 Fair empl.prac.cas. (Bna) 13, 65 Empl. Prac. Dec. P 43,344, 18 Employee Benefits Cas. 2408 Thomas Dean Smith, on Behalf of Himself and All Others Similarly Situated, Appellee/cross-Appellant v. World Insurance Company, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1994
  5. Rasheed v. Chrysler Corp.Michigan Supreme Court · 1994

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3Cited by31 opinions

  1. Huntoon v. TCI Cablevision of Colorado, Inc.Supreme Court of Colorado · 1998
  2. Reigel v. SavaSeniorCare L.L.C.Colorado Court of Appeals · 2011
  3. State ex rel. Stacy v. Batavia Local School District Board of EducationOhio Supreme Court · 2005
  4. Watson v. Public Service Co. of ColoradoColorado Court of Appeals · 2008
  5. Garcia v. Wal-Mart Stores, Inc.Court of Appeals for the Tenth Circuit · 2000

26 more not listed; retrieve them via the Exa API.

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