Employment & Labor Law
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Richardson v. Tricom Pictures & Production, Inc.
17 Fla. L. Weekly Fed. D967 (S.D. Fla. August 24, 2004)
The Court determined the damages that should be awarded to Richardson as a result of a sexual harassment and wrongful termination claim. The Court held that back pay is used to make the claimant whole, but in order to receive back pay, the claimant must make an effort, both reasonable and in good faith, to mitigate damages by seeking substantially equivalent employment. Richardson was able to obtain substantially similar, higher paying jobs shortly after her termination. Richardson was fired from both of these jobs due to personal problems caused by Richardson. This evidence shows that Richardson partially failed to mitigate her damages. Thus, the Court held that Richardson is entitled to back pay from the date of termination from Tricom until her termination from her first job at WLRN. Richardson is also entitled to back pay earned during her second job. The only time period that Richardson is not entitled to back pay is the time between her first and second job because Richardson caused the termination and thereby did not act with requisite diligence in mitigating damages.
The Court determined that prejudgment interest on the back pay should be awarded to Richardson to make her whole. The Court also held that Richardson is not entitled to front pay because Richardson failed to
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