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View Diary: Shirley Sherrod Sues Andrew Breitbart! (259 comments)

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  •  that's true, but most courts will not require (5+ / 0-)
    Recommended by:
    brn2bwild, sfgb, greeseyparrot, G2geek, ER Doc

    someone to mitigate damages by accepting a job with the same employer that fired them.

    Also- this is typically an issue for breach of contract, not torts.

    A court may require some reasonable steps to mitigate damages in tort (ex: going to the hospital to get treatment), but not to the same degree as in contractual disputes.

    Thus, IMO,  the fact that she was offered her job back is of little- if any- relevance, to the question of damages.

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