When someone is wrongfully terminated from their employment, they often think the next step is simple: file a claim and seek compensation for the harm suffered. While those steps are seemingly simple, there is an important legal principle that can significantly impact the value of your claim: the duty to mitigate damages.
What does it mean to mitigate damages?
Mitigating damages means taking reasonable steps to reduce the harm caused by another party’s wrongdoing. In the context of a wrongful termination claim, an employee has an obligation to find other employment while their case is pending. In essence, the law expects an employee to act reasonably to keep their losses from growing unnecessarily.
Why is mitigation important?
Mitigating damages isn’t just a legal technicality, it’s an essential part of protecting your rights and ensuring you can recover the compensation you deserve. When evaluating damages courts and juries often consider the harm caused by the employer and whether the employee could have reasonably avoided some or all of that harm.
If you refuse or delay seeking new employment following a wrongful termination, your damages could be reduced significantly or eliminated entirely. This means that you could win your case in court, but receive very little or no compensation for your claims.
What steps do I take to mitigate damages?
Step 1: Do not wait! Start applying for alternative employment as soon as possible;
Step 2: Document each and every attempt to find alternative employment;
Step 3: If offered a position, accept it as long as it is a reasonable offer.
If you have any questions about mitigation or if you’re facing a situation where mitigation may be an issue, please contact our office for advice on how to safeguard your case.
