State ex rel. Hamlin v. Collins

459 N.E.2d 520, 9 Ohio St. 3d 117, 9 Ohio B. 342, 1984 Ohio LEXIS 1019
CourtOhio Supreme Court
DecidedFebruary 1, 1984
DocketNo. 83-673
StatusPublished
Cited by38 cases

This text of 459 N.E.2d 520 (State ex rel. Hamlin v. Collins) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Hamlin v. Collins, 459 N.E.2d 520, 9 Ohio St. 3d 117, 9 Ohio B. 342, 1984 Ohio LEXIS 1019 (Ohio 1984).

Opinion

Per Curiam.

This case presents several issues for determination. The board appeals, contending first, that the grant of the writ of mandamus for back pay was improper and second, that if it was proper, certain deductions must be made from the figure reached by the court of appeals. Hamlin cross-appeals claiming that he is entitled to certain additions to that figure. This court concludes that the board is correct with regard to the issue of deductions for vacation pay and insurance premiums but that in all other respects the court of appeals’ resolution of the cause is correct.

I

The first issue presented is whether Hamlin is entitled to a writ of mandamus to compel the board to award him back pay. In Monaghan v. Richley (1972), 32 Ohio St. 2d 190 [61 O.O.2d 425], this court established the rule regarding wrongfully discharged public employees who seek to recover back pay:

“An action in mandamus is maintainable by a reinstated public employee to recover compensation due him for the period of time during which he was wrongfully excluded from his employment, provided the amount recoverable is established with certainty.”

Monaghan also stated, at page 195, that the amount of compensation recoverable was that which the employee would have received had he not been wrongfully dismissed, reduced by the amount he earned, or in the exercise of due diligence could have earned in appropriate employment, during the discharge period.

The board contends that Hamlin is not entitled to a writ of mandamus because he failed to plead and prove, with certainty, what he was entitled to recover. The court below granted Hamlin virtually every item of compensation sought except for expenses incurred in bringing the action and raises granted other employees during his absence. According to the board, the failure to establish with certainty the amount of any such salary increases he would have received, even though denied by the court, results in Hamlin’s failure to establish with certainty what amount of back pay he would have earned. It should be noted that the board does not contest that if Hamlin had not been discharged he would have earned $24,246.72. Additionally, the board argues that the duty to establish interim earnings rests with the employee seeking compensation and that Hamlin has failed to prove the amount of interim earnings received during the period of his discharge. These arguments are without merit.

[119]*119In essence, the board’s argument is nothing more than an assertion that because Hamlin did not succeed on each and every element of compensation sought, he has not proven with certainty the total amount of back pay to which he is entitled. Nowhere in this court’s prior decisions has a rule been set forth that disagreement as to the validity of or failure to succeed on component parts of the award negates the right to succeed on others or prevents the amount to be recovered from being established with certainty. On numerous occasions this court has reviewed various elements of compensation sought to be recovered by a wrongfully discharged public employee, allowing some and denying others. For instance, in State, ex rel. Guerrero, v. Ferguson (1981), 68 Ohio St. 2d 6 [22 O.O.3d 98], relators prevailed on the issue of back pay but were denied their claims as to credits for vacation and sick leave and lost medical coverage. Furthermore, in State, ex rel. Crockett, v. Robinson (1981), 67 Ohio St. 2d 363 [21 O.O.3d 228], the relator was granted back pay with a salary increase as well as interest on the award. He was, however, unsuccessful on claims relating to credits for vacation days, holidays, sick leave hours, and attorney’s fees. These cases conclusively demonstrate that an award of back pay to a wrongfully discharged public employee is based on “certainty,” not that every claim asserted must be successful in order for any award to be granted.

With regard to the claim that Hamlin failed to prove his interim earnings, the short answer is that he presented evidence that he received $4,915.92 from other employers and $4,680.00 in unemployment compensation during the period of his wrongful discharge. If the board was unsatisfied with these figures it had the opportunity to controvert them. Having failed to do so, the board cannot now come forth and assert that Hamlin failed in his proof.

Additionally, this court, in State, ex rel. Martin, v. Columbus (1979), 58 Ohio St. 2d 261 [12 O.O.3d 268], has already addressed the issue of who bears the burden of proof with regard to interim earnings:

“The principle of mitigation of damages applicable in a suit to recover compensation for a period of wrongful exclusion from employment is an affirmative defense and the burden of proof on that issue resides upon the employer responsible for the wrongful discharge.” Id. at paragraph three of the syllabus.

It is true that the dispute in Martin was not over the amount of interim earnings but whether due diligence in obtaining employment had been exercised. However, since the amount of interim earnings is to be deducted from an award of back pay, and thus reduce the employer’s obligation to pay, it is in the nature of an affirmative defense. Thus, under Martin, the burden of showing just what Hamlin earned during the period of his wrongful discharge rests upon the board. Since the board failed- to question the information Hamlin provided concerning his interim earnings, this court concludes that those earnings have been established with certainty. Monaghan v. Richley, supra.

[120]*120II

The next issue presented is whether the court of appeals was correct in awarding $748 for health insurance and $437.50 for life insurance allegedly-expended by Hamlin to purchase coverage comparable to what he would have received from the board. Once again, the standard for recovery of such fringe benefits is that the amount sought to be recovered must be established with certainty. State, ex rel. Guerrero, v. Ferguson, supra; Monaghan v. Richley, supra. The record indicates that if Hamlin had not been discharged, he would have received $15,000 of term life insurance at a cost to the board of $4.62 per month. Also, prior to the time of the discharge, Hamlin had cancelled his health insurance, opting to be covered under his wife’s health insurance plan.

The term “with certainty” has never been completely defined in the prior opinions of this court. In most cases it has referred to the question of whether a particular amount has been precisely determined as to its value in dollars and cents. See, e.g., State, ex rel. Dean, v. Huddle (1976), 45 Ohio St. 2d 234 [74 O.O.2d 378]. However, in some cases “with certainty” must also refer to the quality of proof, in order for an employee to demonstrate that he has a clear legal right to the relief for which he prays. State, ex rel. Crockett, v. Robinson, supra, at 368-369. This Hamlin has failed to do.

The sole evidence supporting Hamlin’s claim for payment of insurance premiums is his self-serving affidavit. Insurance is a commodity where the purchase price and extent of coverage are readily ascertainable with certainty.

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Bluebook (online)
459 N.E.2d 520, 9 Ohio St. 3d 117, 9 Ohio B. 342, 1984 Ohio LEXIS 1019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-hamlin-v-collins-ohio-1984.