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Labor Law-Back Pay Awards-Duty Of Discharged Employee To Seek Other Employment, Howard A. Cole S.Ed.
Labor Law-Back Pay Awards-Duty Of Discharged Employee To Seek Other Employment, Howard A. Cole S.Ed.
Michigan Law Review
The National Labor Relations Board issued a back pay order in favor of the victim of a discriminatory discharge, computing the award on the basis of the earnings of the dischargee's replacement during the period of discrimination less the amount actually earned by the dischargee in other employment during the same period. The dischargee had registered with the state unemployment agency but had earned only $294.20 over a two-year period. On petition for enforcement of the order, held, order set aside and case remanded. Where a dischargee earns only a small amount of money over a long period of …