See Myers v. City of Oakdale, 409 N.W.2d 848 (Minn. 1987); Smith v. City and County of Denver, 39 Colo. App. 421, 569 P.2d 329 (1977); Sullivan v. Civil Service Comm. of City of Euclid, 102 Ohio App. 269, 131 N.E.2d 611 (1956). Sapp also recognized that Andreu was suspended.
Tull v. Gundersons, Inc., 709 P.2d 940 (Colo. 1985). And, in an employment situation, if the discharged employee has actually received earnings from other employment during the term of the contract, damages may be reduced to the extent of the salary received. Colorado School of Mines v. Neighbors, 119 Colo. 399, 203 P.2d 904 (1949); Smith v. City County of Denver, 39 Colo. App. 421, 569 P.2d 329 (1977). Buckley argues, however, that the doctrine of mitigation of damages is inapplicable because he seeks wages due under the contract rather than damages for breach of the contract.
In a case which also involved what components of a compensation package a police officer could recover upon restoration to duty, a Colorado court suggested that the guiding principle was whether the benefit was tied to actual rendition of services, "rather than merely being on the payroll." Smith v. Denver, 39 Colo. App. 421, 427 (1977). If rendition of services such as overtime duty and special details earns the benefit, then the benefit is recoverable only if the work is done. So, in the instant case, Martinis may not recover for detail duty he never served; he may (and did) recover health insurance coverage to which he was entitled just by being on the payroll.