{"id":11011,"date":"2017-12-17T07:50:59","date_gmt":"2017-12-17T07:50:59","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11011"},"modified":"2017-12-17T07:50:59","modified_gmt":"2017-12-17T07:50:59","slug":"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-regarde","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11011","title":{"rendered":"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"},"content":{"rendered":"

doctrine of constructive service<\/span>:<\/span><\/strong>
\n(1855)<\/span><\/p>\n

1. Employment law. <\/em> 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.\u00a0 *\u00a0 In a jurisdiction that has adopted this principle, it is the exception to the mitigation-of-damages doctrine.<\/strong> \u2014 Often shorted to constructive service<\/strong><\/em><\/span>. [1]<\/span><\/p>\n

constructive service doctrine<\/span>:<\/strong><\/span><\/p>\n

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 \u2014 that is, that readiness to perform is for all purposes equivalent to performance.\u00a0 35 Am J1st M & S \u00a7 53<\/span>.<\/span><\/strong>\u00a0[2]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>\u00a0<\/span><\/strong>by<\/b><\/span><\/strong> Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em>
\n<\/span><\/a><\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

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