argues that Mr. Valenti has been "made whole" as he is receiving top salary, working in a meaningful position, and receiving full benefits. The defendant claims it has made all possible efforts to accommodate Mr. Valenti, and that a position was vacant in Whiting, and simply unavailable in Philadelphia. The defendant also emphasizes that a great number of lateral transfers occur within IMS.
The plaintiffs assert that the burdens involved in moving to Indiana frustrate the reinstatement order's purpose of making Mr. Valenti whole. They claim the defendant has assigned Mr. Valenti to Indiana as punishment for bringing suit against the company.
The court is swayed by two factors in reaching a decision that Mr. Valenti should be allowed to consider Philadelphia his job's 'home-base'. First, whether he is located in Whiting or in Philadelphia, the job will entail travelling to the mill sites he services. The court does not believe that leaving from an airport in the Chicago area is significantly more economical or efficient than leaving from an airport in the Philadelphia area. This is reinforced by the fact that the defendant has stated in its memorandum that the mills which had been serviced by Mr. Valenti prior to his illegal termination are now being serviced by marketing executives based in Pittsburgh and Philadelphia, as well as in Whiting. Second, testimony at oral argument of the post-trial motions revealed that the defendant company does not have a mandatory transfer policy. While witnesses for the defendant testified that many employees have transferred to new locations, cross-examination revealed that no employee was forced to transfer who did not want to transfer.
The court concludes that, but for the illegal termination of his job, Mr. Valenti would be employed by IMS in a position based in Philadelphia. The defendant claims it is necessary that Mr. Valenti be based in Whiting in order to coordinate office functions and to minimize travel expenses. Given that other marketing managers are located in Pittsburgh and Philadelphia, and that forcing Mr. Valenti to relocate in Indiana involves substantial financial and social costs for him, the court will order the defendant to make the plaintiff Frank J. Valenti whole by acknowledging Philadelphia, Pennsylvania as the base for his position as marketing manager.
AND NOW, this 23rd day of December, 1985, upon consideration of the post-trial motions of the plaintiffs, Frank J. Valenti and Walter C. Beckwith, and the defendant, International Mill Service, Inc., and the parties' memoranda of law, and for the reasons set forth in the foregoing Memorandum, it is ORDERED that:
1. Plaintiffs' motion to dismiss the defendant's motions for JNOV and new trial for lack of jurisdiction is DENIED.
2. a. Defendant's motion for judgment notwithstanding the verdict is DENIED.
b. Defendant's motion in the alternative that the verdicts be set aside and new trials ordered is GRANTED to the following extent: a partial new trial limited to the issue of calculating back pay damages is ORDERED. The jury's finding of liability and willfulness on the part of the defendant will stand.
3. Plaintiffs' motion for reconsideration of motion to stay order of reinstatement of plaintiffs, or in the alternative, order an immediate hearing on the matter and order discovery on the issue is DISMISSED AS MOOT.
4. In view of the order for a partial new trial on damages:
a. Plaintiffs' motion to amend judgment to add interest from the date of verdict and post-judgment interest and to mold the verdict for back pay to the date of reinstatement is DISMISSED AS MOOT;
b. Plaintiffs' motion to amend the judgment to recover for loss of social security benefits is DISMISSED AS MOOT;
c. Plaintiffs' motion to amend the judgment to provide for full pension benefits upon plaintiff's retirement is DISMISSED AS MOOT; and
d. Plaintiffs' motion to amend the judgment for income tax consequences is DISMISSED AS MOOT.
5. a. Plaintiffs' motion to reconsider and rescind the order of reinstatement is DENIED.
b. Plaintiffs' motion, in the alternative, to rescind the order of reinstatement to reinstate plaintiffs to positions they would hold had they not been illegally terminated is GRANTED to the following extent: it is ORDERED that plaintiff Frank J. Valenti's employment position of marketing manager is to be based in Philadelphia, Pennsylvania.