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Home » US Law » 2022 West Virginia Code » Chapter 55. Actions, Suits and Arbitration; Judicial Sale » Article 7E. Duty to Mitigate Damages in Employment Claims

§55-7E-1. Definitions

In this article: (a) "Back pay" means the wages that an employee would have earned, had the employee not suffered from an adverse employment action, from the time of the adverse employment action through the time of trial. (b) "Front pay" means the wages that an employee would have earned, had the employee not suffered […]

§55-7E-2. Legislative Findings and Declaration of Purpose

(a) The Legislature finds that: (1) Employees of this state are entitled to be free from unlawful discrimination, wrongful discharge and unlawful retaliation in the workplace. Employers are often confronted with difficult choices in the hiring, discipline, promotion, layoff and discharge of employees.

§55-7E-3. Statutory or Common Law Employment Claims; Duty to Mitigate Damages

(a) In any employment law cause of action against a current or former employer, regardless of whether the cause of action arises from a statutory right created by the Legislature or a cause of action arising under the common law of West Virginia, the plaintiff has an affirmative duty to mitigate past and future lost […]