(DOWNLOAD) "Industrial Waste Service v. Ada Henderson" by Third District Court of Appeal of Florida # Book PDF Kindle ePub Free

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eBook details

• Title: Industrial Waste Service v. Ada Henderson
• Author : Third District Court of Appeal of Florida
• Release Date : January 10, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

The central issue raised by this appeal is whether in an action for breach of an employment contract (brought by an employee for an alleged wrongful discharge prior to completion of the contract) the defendant employer (if he chooses to raise the issue) must plead as an affirmative defense under Fla.R.Civ.P. 1.110(d) and prove at trial as a set-off on damages what the plaintiff employee actually earned, or could have earned through the use of due diligence at other employment of like nature, to mitigate the employees damages for the remainder of the term of employment under the contract. Based on the authority and reasoning which follow, we hold that the defendant employer has the burden: (1) to plead the above as an affirmative defense in the nature of a set-off on damages, and (2) to prove at trial such defense by the greater weight of the evidence. Accordingly, we reject the defendant employers contentions on this appeal, including others unrelated to this issue, and affirm.

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