Backdoor to Duty to mitigate damages in employment termination case

In a whistleblower case over Pfizer Inc.’s alleged illegal marketing of human growth hormone Genotropin, a judge has denied Pfizer Inc.’s bid to force a former executive to turn over information as to whether he made adequate efforts to look for work after he was fired.

The defense argued that the plaintiff's sizable assets created a situation where the plaintiff did not have to work. Accordingly the defense argued that because of his assets, he had failed to mitigate his damages by finding employment. Pfizer's attorney wanted the court to order the plaintiff to turn over financial information.

The court denied the motion

See:

Excerpt From, Ex-Exec Can Shield Info In Pfizer Whistleblower Spat:

The plaintiff's economic expert has calculated the plaintiff's economic losses for the period after his termination at over $9 million. In an effort to determine whether Rost fulfilled his duty to mitigate his damages by making adequate efforts to look for work after he was fired, Pfizer had sought documents and deposition testimony that would reveal Rost's assets during the period after he left Pfizer.

The company said the existence of significant assets could explain Rost's "lackadaisical attitude toward finding meaningful employment.