Legal Question in Employment Law in California

Recieved my decision ~ what does 'less interim earnings' mean?

I won my case through the labor board ''Whistleblower case'' I turned in my company for a safety violation and they fired me for it. My decision states:

3. ''Respondent shall make Complainant whole for any loss of pay, benefits, and other economic losses, less interim earnings, plus interest, Complainant may have suffered by reason of Respondents retaliation. Respondent shall make payment to Complainant a sum of money equal to that which Complainant normally would have earned as wages, from the date of the retaliation, July 11, 2001, to the date of Respondents offer of unconditional reinstatement.'' What does this mean? I've worked at other jobs since my termination. The wording of this confuses me. Thank you!


Asked on 8/07/06, 11:56 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Recieved my decision ~ what does 'less interim earnings' mean?

From the wording, it sounds like the employer terminated you on July 11, 2001. If they offered you "uncoditional reinstatement", then you are entitled to recover all lost wages and benefits with interest. However, they are entitled to a a credit for income you received during that time period. You will probably need to disclose how much you earned during tha period so the employer and/or the labor board can calculate the credit so the monetary portion of the award may be finalized.

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Answered on 8/28/06, 6:41 pm


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