Ogletree Deakins: Plaintiff Has Burden of Establishing Mitigation of Front Pay Damages under New Jersey Law Against Discrimination | Practical Law

Ogletree Deakins: Plaintiff Has Burden of Establishing Mitigation of Front Pay Damages under New Jersey Law Against Discrimination | Practical Law

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C., discusses the New Jersey Appellate Division's recent decision in Quinlan v. Curtiss-Wright Corp., finding the plaintiff has the burden of proving failure to mitigate front pay damages. The court held that while an employer must prove failure to mitigate back pay damages, it was unfair to require an employer to forecast what jobs the plaintiff could obtain in the future and demonstrate that the plaintiff would not pursue them.

Ogletree Deakins: Plaintiff Has Burden of Establishing Mitigation of Front Pay Damages under New Jersey Law Against Discrimination

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Published on 14 May 2012New Jersey, United States
This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C., discusses the New Jersey Appellate Division's recent decision in Quinlan v. Curtiss-Wright Corp., finding the plaintiff has the burden of proving failure to mitigate front pay damages. The court held that while an employer must prove failure to mitigate back pay damages, it was unfair to require an employer to forecast what jobs the plaintiff could obtain in the future and demonstrate that the plaintiff would not pursue them.