Ginn v. Kelley Pontiac-Mazda, Inc.

Summary

The Maine Supreme Judicial Court reviewed a judgment for an employee alleging constructive discharge in violation of the Maine Whistleblowers' Protection Act. The court held that the value of an employer-provided vehicle could not be included in the back pay award absent evidence of out-of-pocket expenses resulting from its loss, but upheld the trial court's ruling on mitigation because the appellate record was insufficient for review. The court reduced the judgment from $106,825 to $84,175 and affirmed as modified.

Holdings

1. The value of Ginn's lost use of the company vehicle could not be included in the back-pay award because Ginn presented no evidence that he incurred out-of-pocket expenses for the same or an equivalent benefit after his employment ended.
2. The court did not reach the merits of the mitigation issue because Kelley failed to provide a sufficient appellate record for review; the mitigation ruling therefore remained undisturbed.

Questions Presented

1. Whether the value of Ginn's use of an employer-provided vehicle for commuting could be included in his back-pay award without proof that he incurred out-of-pocket expenses for the lost benefit.
2. Whether the Superior Court erred in concluding that Kelley failed to prove Ginn did not mitigate his damages.

Disposition

affirmed