Washington, DC – On January 11, CDW submitted an amicus brief in Thryv Inc., a case the Board is using to reconsider its make-whole remedy for employees.

In our brief we explain that the Board simply “does not have the statutory authority to award consequential damages, and therefore it should not do so.” This lack of authority has been routinely confirmed by the courts. Furthermore, “the introduction of consequential damages, and the resultant need to prove the causation and reasonable foreseeability of such damages, will increase and prolong litigation,” and “efforts to recover such damages in the course of trying to settle claims will result in a failure of settlement when respondents have no opportunity to test the propriety of such damages through contested proceedings.”