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Disclaimer:
The Treatise is based upon federal appellate court decisions from 1996
to 2008. We are currently in the process of updating the Treatise. Until
that update is complete, it is possible that certain cases cited in the
Treatise may no longer represent current law.
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21.300 equitable and injunctive relief
21.330
Front pay
21.331 General principles
Since front pay is not a jury issue, the plaintiff can submit
evidence to the district court that was not presented to the jury.*
An employer is liable for front pay -- even though the
employee cannot work -- where the employer's wrongful conduct caused the
plaintiff's inability to work. See
Salitros v. Chrysler Corp., 306
F.3d 562 (8th Cir. 2002).
"In fashioning equitable relief, the district court . . . may
not base its decision on factual findings that conflict with the jury's
findings."
Salitros v. Chrysler Corp., 306 F.3d 562, 573 (8th
Cir. 2002).
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* Downes v. Volkswagen of America, Inc., 41 F.3d
1132, 1141-43 & n.10 (7th Cir. 1994);
Salitros v. Chrysler Corp.,
306 F.3d 562 (8th Cir. 2002).
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