This section contains the nature of the case and procedural background.

P was terminated by D on November 16, 1982. He was a Vice President of ABC Radio and had been employed by D for fourteen years. P instituted a contract and tort action for wrongful termination in California state court. The action was removed for diversity. Following his termination P was offered a newly created position at D. The base salary of the new position was the same as P's prior base salary; however, the equivalence of the total compensation, factoring in the commissions earned in P's old position, was disputed. P would have reported to his replacement in his former job. The new position was never actually filled, and at trial, P questioned its legitimacy noting, 'it had never existed before or since,' and that he felt it was 'phony.' P got the jury verdict of $1.34 million with $150,000 for negligent infliction of emotional distress. D appealed based on P's failure to mitigate damages by not accepting the other position with D. D argues that its unconditional offer to reemploy P in a new position cut off its liability for any further damages.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.