Mitigation Excellence: Elevating Severance Strategies
What does “mitigation” mean in the context of employment dismissal? When an employee is dismissed, often the first thing on their mind is how and where they will start earning …
Marc Kitay, Partner
Marc [email protected] School Admitted to Bar Years of Experience Proficiency InUniversity of Western Ontario 2012 12 Severances Package Negotiations, Challenging Mandatory Vaccination Policies and Defending Respondents of Workplace ComplaintsA Persuasive NegotiatorUnapologetically …
Failure to Mitigate Can Have Serious Repercussions for Dismissed Employees
Most employees dismissed without cause will be entitled to reasonable notice of their dismissal. What reasonable notice will mean in each case will depend on considerations like the employee’s age, …
Are CERB Payments Deductible From Wrongful Dismissal Damages?
Amid the Covid-19 pandemic, the Canadian government has provided various social benefit programs, including the Canada Emergency Response Benefit (“CERB”). However, it was unclear whether CERB payments should be reduced …
Go Back to Your Job After Being Fired from Your Job? Your Duty to Mitigate May Require It
Failing to Mitigate His Loss An employee who refused to return to work after mistakenly being fired from his job was awarded no damages because he failed to mitigate his …
The 2012 Year-End Employer Checklist
As the year draws to a close, we would encourage you to take a few minutes to consider the following checklist to ensure that your company’s policies, procedures, and contracts …
Supreme Court orders fired employee to return to old job
We have decided to fire you. Now go back to your desk and finish your work! After a bitterly fought election of a new union executive whose candidacy he had opposed, Teamsters business agent Donald Evans saw the writing on the wall. When the new union president took over, Evans and five other employees lost their jobs.
Diligent job search can save your case
Succeeding with your termination case takes more than an excellent set of facts, a great lawyer and a little bit of luck on your side. Many good cases go awry because a dismissed employee does not look for another job. The law refers to this principle as mitigation and it requires a dismissed employee to make a diligent search for another similar job. If you do not, the damages you can claim may be substantially reduced. Therefore, I offer the following recommendations for employees to help build their case
There is more to an employment law case than just the facts
Generally, employers are in no hurry to move cases along quickly. They would much prefer to wait and let the employee’s legal costs accumulate and her frustrations grow. In typical cases, claims can meander through the court system for years, with inherent pre-trial delays, mandatory mediations and few, if any, deadlines Few unemployed can afford to wait for a trial. Fewer can afford to pay for one.
Baby Boomer Decision Likely to be Echoed
The horde of baby boomers primed to leave the workforce presents difficult decisions for HR managers, the most prominent being if and how to terminate long-term employees. Though keeping them …
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