Thirst-4-Justice Attorney Ritchie M. Lewis (909) 948-9890

Wrongful Termination Damages

In Villacorta v Cemex Cement, Inc. 221 Cal. App. 4th 1425 (2013) the Court of Appeals addressed earnings from subsequent employment regarding the issue of damages. In this wrongful termination lawsuit, the court held in part that for the plaintiff's subsequent earnings to become the subject of a mitigation of damages contention by the defendant employer, it has to be shown the new employment was comparable or substantially similar to the employment plaintiff was deprived of or terminated from. If the new employment is inferior or different, the wages at the new job may not be used to mitigate damages. 

As with all cases, legal issues should always be discussed with counsel as there are many factors that must be considered as to whether an individual has a viable case. Additionally laws change that could influence one's particular issue.