Fair v. Red Lion Inn
Supreme Court of Colorado
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
- Ford Motor Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1982
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- Gunther Graefenhain and Philip Miller, Cross-Appellees v. Pabst Brewing Company, Cross-AppellantCourt of Appeals for the Seventh Circuit · 1989
- 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
- Rasheed v. Chrysler Corp.Michigan Supreme Court · 1994
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