【基本案情】荣某与某商业银行签订《劳动合同》一份,2015年,荣某辞职,但是,商业银行拒绝为其开具解除劳动合同证明书,双方发生争议。于是,荣某申请仲裁,要求银行赔偿因不开离职证明所造成无法就业的工资损失,官司一直打到了中级法院。二审法院经审理后做出如下终审判决:劳动者能够证明因用人单位的过错致其无法重新就业并发生实际损失的,人民法院应当予以支持。劳动者能证明有直接因果关系,但无法确定经济损失具体数额的,可以按照劳动者在解除或终止劳动合同前十二个月平均工资合理确定。 [Basic facts] Rongmou signed a “labor contract” with a commercial bank. In 2015, Rongmou resigned. However, the commercial bank refused to issue a certificate of termination of labor contract and the two parties dispute. So, Rongmou apply for arbitration, requiring banks to compensate for loss of employment due to lack of resignation certificates caused by the lawsuit has hit the intermediate court. After hearing the case, the court of second instance made the following final judgment: if the laborer can prove that he can not be reemployed due to the fault of the employer and the actual losses have occurred, the people’s court should give his support. Where a worker can prove that there is a direct cause-and-effect relationship but can not determine the exact amount of economic loss, the average wage of the employee within a period of 12 months prior to the termination or termination of the employment contract can be reasonably determined.