Robert B. White, Plaintiff-Respondent v. Township of North Bergen, Defendant-Appellant

Summary

The New Jersey Supreme Court held that N.J.S.A. 40A:9-172, which provides back salary to a municipal employee illegally dismissed, is subject to mitigation by earnings from other employment. Accordingly, it overruled prior decisions that read the statute to give full back salary without mitigation, reversed the Appellate Division judgment, and remanded for a determination of damages accounting for such mitigation.