The plaintiff, a long‑term employee with 36 years of service, was terminated after his managerial role was eliminated during economic downturn layoffs.
The employer offered him an alternative position with lower pay, shift work, and substantially more physical demands.
The plaintiff declined and sued for wrongful dismissal.
The court held that the employer failed to prove the plaintiff had failed to mitigate his damages by refusing the alternative role, finding the job materially different given the plaintiff’s age, physical limitations, and the passage of time since he last performed that work.
Reasonable notice was set at 20 months, with damages awarded for the balance of notice after credit for severance already paid, plus medical expenses and pension loss.
