Ohio appeals court rules an employer has the burden of proving a reinstated employee could have been working during the period of separation. State ex rel. Gross v. Board of Educ. Officer's termination determined to be an excessive penalty by the Illinois Supreme Court. Estate of the now deceased officer entitled to the award of back pay he would have received if he lived.
Appellate court establishes test for determining back pay in a divided opinion.
City not required to pay overtime for extra duty assignments that a reinstated officer would have earned had he not suffered a suspension. Interest must be demanded by the employee at the time back pay is awarded, or the claim is waived. Reinstated sergeant was not entitled to back pay for the entire period between his termination and reinstatement. Officer entitled to interim back pay from period of his unlawful termination until a proper hearing is held. Punitive damages and compensation for emotional distress was not recoverable.