Employees who have been terminated, have a duty to mitigate damages from losing their job. The obligation for mitigation requires dismissed employees to take reasonable steps to limit their losses, usually by looking for other work. If an employee does not do so a court may reduce the damages that would have otherwise been owed.
Whitten & Lublin Employment & Labour Lawyers has had tremendous success in resolving numerous mitigation disputes for our employee and employer clients, in and out of court. We can help you resolve your employment matter related to mitigating losses.
Why is Mitigation important?
The standard of mitigation is viewed as being favorable to the employee. This is noted in the leading Canadian case of Red Deer College v. Michaels where the Supreme Court of Canada determined that the employee’s obligation to mitigate means that he/she need only to make reasonable efforts and is not required to accept the first available job offer or a lesser position.
In employment and labor law cases, properly documenting your efforts to find other work is critical to discharging the legal obligation to mitigate damages.
If you’re looking for employment lawyers to assist you with mitigation and would like more information about what Whitten & Lublin can do for you, please contact us online or by phone at (866) 658-6811 or (416) 640-2667 today!
Why Clients Choose Us?
- Nationally recognized in 2020 & 2018 as one of Canada's Top 10 Employment & Labour Law Firms, by Canadian Lawyer Magazine
- Lawyers are recognized as “Leading Practitioners” by Lexpert, which is the largest annual survey of leading lawyers in Canada and an acknowledgment of excellence voted on by peers.
- One of the most positively reviewed and recommend Employment and Labour Law Firm in Canada, based on Google reviews from past and present clients