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Mitigation Blogs

It is YOUR Duty to Mitigate – And You Could Be Sorry If You Don’t

You could have a rock-solid discrimination, harassment and/or retaliation case,  or even a breach of contract case, and win at trial and (surprise) recover absolutely nothing if you fail to look for another job – what the law calls “mitigate damages.” This means that you have to do what you can to minimize damages caused against you by your case.

In employment cases, you must make a good faith effort to reduce the money that you have lost in wages because your former employer caused you to lose your job. As a discharged worker, you must make “reasonable efforts” to find another job and to accept a comparable job if you get a job offer. If you don’t, you employer may persuade that judge that you did not really make sincere efforts to find comparable employment and, therefore, you should recover nothing.

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