Question
Chapter 16 explains the ways in which contracts can be discharged and provides the remedies available when a contract has been breached. Please read the
Chapter 16 explains the ways in which contracts can be discharged and provides the remedies available when a contract has been breached. Please read the case below about damages and answer the questions that follow.
The Texas Animal Health Commission (TAHC) employed Julio Garza as a health inspector in 2011. His responsibilities included bleeding and tagging cattle, vaccinating and tattooing calves, and working livestock markets. Garza was injured on the job in 2018 and underwent surgery in January 2019. After he had exhausted his paid leave, he asked TAHC for light-duty workspecifically, the job of tick inspectorbut his supervisor refused the request. In September, TAHC notified Garza that he was fired. Garza filed a suit in a Texas state court against TAHC and others, alleging in part wrongful termination, and an important issue before the court was whether Garza had mitigated his damages. The court found that in the seven years between his termination and his trial date, Garza had held only one joban unpaid job on his parents' ranch. When asked how often he had looked for work during that time, Garza responded that he did not know but that he had looked in "several" places. He had last looked for work three or four months before the trial, when he informally had asked his neighbors about working on their ranch.
Was it fair to Garza to require him to mitigate his damages? Why or why not?
Did Garza fulfill the requirement to mitigate his damages? (Support your answer.)
Generally, what are the ethical underpinnings of the rule that employees seeking damages for breach of employment contracts must mitigate their damages? (Explain your response.)
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