Mitigation of Damages. Patricia Fair worked in a Red Lion restaurant. The employee manual provided that "


Mitigation of damages
The trial court concluded that Red Lion was in breach of contract, and awarded Fair more than $180,000, including damages for her loss of salary after Red Lion's offer of reinstatement. Red Lion appealed. The state intermediate court of appeals concluded that Fair failed to mitigate her damages by not returning to work when Red Lion made its offer to reinstate her and limited her award to damages incurred before the offer. Fair appealed. The Supreme Court of Colorado affirmed the intermediate appellate court's judgment, holding that in the absence of special circumstances, a discharged employee has a duty to mitigate damages by accepting an unconditional offer of reinstatement. Such "special circumstances" did not exist in this case.

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