When an employee is wrongfully terminated, they are entitled to pursue legal action against their employer for lost wages and other related damages. However, there is a legal duty that accompanies such claims: the duty to mitigate damages.
This means that the wrongfully terminated employee must take reasonable steps to reduce the financial losses they experience after their termination. In legal terms, this involves making reasonable efforts to secure comparable employment.
Failure to mitigate damages can reduce the compensation you may be entitled to in a wrongful termination lawsuit. Wrongful termination lawyers often stress the importance of understanding and fulfilling this duty because it can significantly impact the outcome of a case.
Courts expect employees to show they made genuine efforts to find similar work after their termination. If the employer can prove that the employee failed to mitigate their damages, it can limit the amount of compensation owed.
Legal Requirement for Mitigating Damages
In California mitigating damages is important. While an employee may be entitled to compensation for lost wages and benefits, they must demonstrate that they attempted to minimize their losses. In most cases, this means seeking comparable employment within the same field or industry.
Wrongful termination lawyers often advise their clients to document their job search efforts carefully. If an employee fails to mitigate damages, the court may reduce the amount of back pay they are awarded in a wrongful termination case.
For example, if someone is terminated and then decides not to look for work for several months, this period of inaction could reduce the compensation they can claim. The legal system expects that someone who has been wrongfully terminated will take reasonable steps to improve their situation.
Steps to Mitigate Damages
Actively Search for New Employment
The most effective way to mitigate damages is to immediately start looking for new employment. It is essential to apply for jobs that are similar in nature and pay to the one you lost.
If your wrongful termination case makes it to a jury, being able to show proof of job applications, interviews, and offers is crucial. Wrongful termination lawyers recommend keeping a detailed log of every job you apply for, including the date, position, company, and outcome.
Accept Offers of Comparable Employment
While you are not required to accept any job offer, you are expected to accept a position that is reasonably comparable to your previous employment in terms of pay, responsibilities, and status. Refusing a suitable offer without a valid reason could harm your case.
Wrongful termination lawyers advise against rejecting job offers unless they are significantly less favorable than your previous position.
Consider Temporary or Freelance Work
If you are unable to find a permanent position quickly, taking temporary or freelance work can help mitigate your financial losses. Jurors understand that finding full-time employment may take time, but any reasonable effort to generate income is a positive step.
Even if the work is outside your typical field, it shows a willingness to minimize losses.
Pursue Training or Education
If finding work in your field is challenging, pursuing additional training or education can also be viewed as a positive. Improving your skills can make you more competitive in the job market and demonstrate that you are taking active steps to address your situation.
Wrongful termination lawyers often recommend this option when market conditions are difficult, as it positions you for better employment opportunities in the future.
Stay Professional and Diligent
Finally, it’s important to maintain professionalism throughout your job search and document every step of the process. One should take the obligation to mitigate damages seriously, so be diligent in following through on every opportunity.
Keeping a written record of your job search efforts, networking activities, and any offers or rejections you receive will be critical evidence in your case.
Mitigating damages is not only a legal requirement but also a practical step in recovering from wrongful termination. By making a consistent effort to find new employment or otherwise minimize your losses, you strengthen your case and demonstrate good faith in pursuing compensation.
If you are unsure about how to proceed or need help documenting your efforts, consulting with experienced wrongful termination lawyers can provide the guidance you need. They can help ensure that you are meeting your obligations while also protecting your rights as you seek justice for the wrongful termination.