Havill v. Woodstock Soapstone Company, Inc.
Vermont Supreme Court
865 A.2d 335 (2004)
Havill (plaintiff) worked for Woodstock Soapstone Company (defendant) on and off since 1982, eventually working full time under a 1994 personnel policy requiring warnings and "just cause" before termination. After receiving strong performance reviews and a bonus, Havill developed tension with a new supervisor, received a reprimand explicitly not labeled a "warning," and was terminated months later at around age 58, despite having told Woodstock's president the week before that she intended to work until 68. Havill found lower-paying work within days and eventually became self-employed. The trial court found Woodstock liable for wrongful discharge and awarded damages; both sides appealed the damages calculation.
Whether an employee bringing a wrongful-termination claim must mitigate damages by making a good-faith effort to find suitable alternative employment.