Boehm v. American Broadcasting Co

929 F.2d 482 (9th Cir. 1991)

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Nature of the Case

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Facts

P was terminated by D on November 16, 1982. He was a Vice President of ABC Radio and had been employed by D for fourteen years. P instituted a contract and tort action for wrongful termination in California state court. The action was removed for diversity. Following his termination P was offered a newly created position at D. The base salary of the new position was the same as P's prior base salary; however, the equivalence of the total compensation, factoring in the commissions earned in P's old position, was disputed. P would have reported to his replacement in his former job. The new position was never actually filled, and at trial, P questioned its legitimacy noting, 'it had never existed before or since,' and that he felt it was 'phony.' P got the jury verdict of $1.34 million with $150,000 for negligent infliction of emotional distress. D appealed based on P's failure to mitigate damages by not accepting the other position with D. D argues that its unconditional offer to reemploy P in a new position cut off its liability for any further damages.