REMEDIES FOR UNFAIR PRACTICES; REINSTATEMENT; BACKPAY BENEFITS – Back Pay; Interest

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In calculating damages for loss of opportunity to teach during winter intersession, the District urged that PERB offset damages with both unemployment benefits and income faculty earned during summer intersessions at the District, but it did not seek to carry its burden to show that any faculty member failed to mitigate damages by seeking employment elsewhere. (See Bellflower Unified School District (2022) PERB Decision No. 2544a, p. 29 (Bellflower) [respondent that violated the law bears the burden of proving failure to mitigate damages].) The District therefore waived any such argument. Moreover, unemployment benefits are not interim earnings that offset damages. (Id. at p. 31.)