El Dorado did not provide any proof showing the availability of comparable employment. Explain whether El Dorado is correct in its contention.
El Dorado Tire Company fired Bill Ballard, a sales executive. Ballard had a five-year contract with El Dorado but was fired after only two years of employment. Ballard sued El Dorado for breach of contract. El Dorado claimed that any damages due to breach of the contract should be mitigated because of Ballard’s failure to seek other employment after he was fired. El Dorado did not provide any proof showing the availability of comparable employment. Explain whether El Dorado is correct in its contention.
Here Person E may not be accurate in the argument and settlement may be made for Person B as the general rule states that an employee's impairment for the violation of agreement by the employer may be alleviated by the amount that person would earn if able to find any similar employment straight away after the termination. Nevertheless, the implication of presenting the accessibility of such employment may be that of the violating party, which is not met by Person E.