20 Cal. App. 3d 156, 97 Cal. Rptr. 158 (Cal. Ct. App. 1971)
Parker v. 20th Century-Fox Film Corp.
Is an employee required to accept a substantially different or inferior offer of employment to mitigate damages when an employer breaches a contract?
An employee is not obligated to accept a substituted employment offer if it is different or inferior, thereby maintaining the right to obtain full contractual damages without deductions for mitigation.
The court held that Shirley MacLaine Parker was not required to accept the substitute film role as it was different and inferior to the original contract, affirming her right to the full salary agreed upon in the original agreement without deductions.
Parker v. 20th Century-Fox Film Corp. is particularly significant for its clarification on the duty to mitigate damages in employment contract cases. It offers insight into when an employee can rightfully refuse alternative employment without affecting their right to recover damages from an initial contract breach. The case highlights the importance of the qualitative aspects of employment and reinforces the protection of an employee’s professional integrity and contractual expectations.