LABOR LAW-BACK PAY AWARDS-DUTY OF DISCHARGED EMPLOYEE TO SEEK OTHER EMPLOYMENT

Authors

Howard A. Cole S.Ed., University of Michigan Law SchoolFollow

Abstract

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 time, mere proof of registration with a state unemployment agency is not sufficient evidence that the defendant has fulfilled his duty to use reasonable diligence in seeking other employment. NLRB v. Pugh & Barr, Inc., (4th Cir. 1953) 207 F. (2d) 409.

Recommended Citation

Howard A. Cole S.Ed., LABOR LAW-BACK PAY AWARDS-DUTY OF DISCHARGED EMPLOYEE TO SEEK OTHER EMPLOYMENT, 52 Mich. L. Rev. 923 (1954).
Available at: https://repository.law.umich.edu/mlr/vol52/iss6/18