Contracts between Employers and Employees

If an employee has contract to be employed for a certain firm for a specified period of time, and the employer breaches the contract by dismissing the employee, damages recoverable would generally be the unpaid salary at the time of dismissal. Some courts allow the employee to collect wages up to the period of time at which a new job is found, as long as the employee “mitigates damages” by actively seeking employment. On the other hand, if the employee walks out without cause, then the employer may recover the cost of replacing the employee. This would include any additional salary that must be paid to the new employee which is greater than the previous employee’s salary.

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