Published on 26 Aug 2016 • USA (National/Federal) |
"Juana Perez worked at a remote location earning $1,000 per month prior to her unlawful discharge. During the month following her discharge, Perez spent $500 travelling to different locations looking for work. Perez could only find interim employment in another state that paid $750 per month. Perez moved to the new state to be closer to her new job and was also required to obtain training for her new position, costing her $5000 and $500, respectively. Under the Board's traditional approach, Perez would receive compensation for only $1500 of her $6000 total expenses, far less than make-whole relief."
The Board explained these calculations:
"During the first quarter after her unlawful discharge, Perez's gross backpay would be $3000 ($1000 x 3 months), her interim earnings would be $1500 ($750 x 2 months), and her search-for-work and interim employment expenses would be $6000 ($500 travel expenses + $5000 moving expenses + $500 training expenses). Under the Board's traditional approach, Perez could only receive compensation for $1500 of her expenses because such payment cannot exceed the amount of her interim earnings."