doctrine of constructive service – the doctrine that an employee unlawfully dismissed from employment who holds himself ready and willing to perform the work for which he was employed shall be regarded in law as having actually performed it, and may sue on the breached contract for the wages that he or she would have earned during the remaining contract period

doctrine of constructive service:
(1855)

1. Employment law. The common-law principle that a wrongfully discharged person may sue on the breached contract for the wages that he or she would have earned during the remaining contract period.  *  In a jurisdiction that has adopted this principle, it is the exception to the mitigation-of-damages doctrine. — Often shorted to constructive service. [1]

constructive service doctrine:

1. The doctrine that an employee unlawfully dismissed from employment who holds himself ready and willing to perform the work for which he was employed shall be regarded in law as having actually performed it — that is, that readiness to perform is for all purposes equivalent to performance.  35 Am J1st M & S § 53. [2]

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

******************************************

Back to Various Types of Damages

Like this website?

Please Support Our Fundraiser

or donate via PayPal:

 

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
Distance@WildWillpower.org.
We look forward to hearing from you!