09 Aug What does it mean to have a duty to mitigate?
If you are a recently terminated employee who has been wrongfully terminated, you may be starting to worry about a new responsibility that has come to the forefront called “Duty to Mitigate”. Having just been terminated, you may be feeling overwhelmed, but this new responsibility isn’t as intimidating as it sounds. If you were planning on searching for new jobs after you were terminated from this one, then you are already on the right track to completing your responsibility as a plaintiff.
A duty to mitigate means that an employee, who has filed a wrongful or constructive dismissal claim, has to do what is reasonable to move on from this termination and continue new employment elsewhere. Further, this employee is required to search for new employment that has parallel value to their former job. They need to be actively seeking a new source of income to limit the losses they have suffered from their former position, and they need to be able to prove they are doing so to the court.
If an employee fails to do what is necessary to obtain new employment, then the settlement that the employee originally believed they had the right to, may be reduced by the courts.
What does this requirement look like?
An employee must be seeking and willing to accept a new position that is similar to their former position. If an employee is offered a job and declines the offer, the damages they may be able to receive could be in jeopardy. The reason the employee must legally accept a job offer that is similar to their former employment is so it appears as they are actively seeking new employment and a new source of income to the courts.
In order to demonstrate that an employee is following their duty to mitigate, they may be asked to fill out a Mitigation Log. This log is there to help keep track and illustrate all of your effort to finding a new position to the courts.
If you are unsure about the steps you need to follow to be consistent with your duty to mitigate, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.