Damages
Employer can get credit toward backpay liability when employee resigns from similar position
In the case of State, ex rel. Martin, v. Bexley City Sch. Dist. Bd. of Ed., 62 Ohio App.3d 101, 574 N.E.2d 1112 (Ohio App. 1989), the Franklin County Court of Appeals held that the defendant (former employer of plaintiff Martin) was entitled to a credit for back pay liability because Martin had resigned from a substantially similar subsequent position. In this case, the employer demonstrated that Martin could have retained her employment with Hallmark during the time period of backpay liability. By resigning, the plaintiff cut off her ability to receive backpay.
Court allows last minute amendment to avoid Title VII cap on damages