Section 38 Backpay and Mitigation for Outside Income

• Library: Personnel Hearings 2011

A civil service board or commission has the authority in most cases to order reinstatement to the same or comparable job with backpay. The issue of whether a backpay award should be reduced by wages earned or that could have been earned was resolved in Wolf v. Missouri State Training School for Boys, 517 S.W.2d 138, 142–43, 144–45 (Mo. banc 1974). The Court stated:

[T]he rule of avoidable consequences . . . requires that one damaged by breach of contract make reasonable efforts to minimize the resulting...