17. (4) Darnell was 63 years old and had worked as an inventory control clerk for Acme Distributing ("Acme") for five and a half years. One day a manager at Acme advised him that it had lost a major client and would have to lay him off "temporarily," effective immediately. The employer said he hoped Darnell would be back at work full-time soon and informed him that his benefits would be continued in the meantime. Approximately two months later, the employer recalled Darnell to work, offering him the same salary and position. Although he had not found another job, Darnell ignored the recall because he was upset by the way he had been treated. Instead, he sued for constructive dismissal, arguing that Acme did not have an "implied" right to lay him off under the terms of his employment contract. Acme argued that Darnell had failed to mitigate his damages. How do you think a judge would decide this case? Support your answer.