FL · jury_instructions
Fla. Std. Jury Instr. (Civ.) 418.14
DEFENSE ISSUE ON DAMAGES (MITIGATION – DISCHARGE)
As a defense to (claimant’s) damages claim for retaliatory discharge, (defendant) claims that (claimant) could have reduced [his] [her] damages by making a reasonable effort to [seek] [retain] comparable employment. Comparable employment means alternative employment similar to (claimant’s) former job in the nature of the work, responsibilities, and skills required. (Claimant) need not accept employment that is unsuitable or demeaning when compared with (claimant’s) former job.
If the greater weight of the evidence supports (defendant’s) claim that there was comparable employment available to (claimant) and that (claimant) failed to make a reasonable effort to [seek] [keep] such employment, then you should reduce any damages you award to (claimant) by the amount that (claimant) could have earned from the comparable employment.
If, however, the greater weight of the evidence does not support (defendant’s) claim that there was comparable employment available to (claimant) and that (claimant) failed to make a reasonable effort to [seek] [retain] that employment, then your verdict should be for (claimant) in the total amount of [his] [her] damages for lost wages and benefits.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
0f9211822b553ef56f6f85033938ed0efbe217b4a9d3dbb132c3dcbdd0546e63
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