Your Duty to Mitigate Damages in an Employment Case

You have a duty to mitigate your damages.  In an employment matter that means you have a duty to look for other work to replace the income that you have lost.  You should have already applied for unemployment compensation.  Whether or not you have received unemployment compensation, you still have a duty to seek other work.

In most employment cases, the biggest measure of money damages is the wages that you have lost as a result of being terminated.  If you do not look for other work or if you turn down an offer of suitable employment your employer will not be required to pay lost wages beyond that point.  If you find work that pays less than a job for which you were fired, a portion of your damages may continue.  In any case, it is important that you make the effort and are able to prove that you made the effort and it is important that you keep me informed as to what is happening with regard to that job search effort.

You will have to provide evidence of your efforts to look for other work.  You must keep a diary of your efforts to find new work.  You should also keep copies of any résumé’s or cover letters that you send, including the name and address the company to which you applied.  You should also keep a record of any companies that you have called on the telephone, any efforts that you made over the internet to find new work, and any rejection letters from any potential employers.

If you receive an offer of work of employment, you should contact me as soon as possible.

If you do any work in exchange for money, you must be sure to abide by all state and federal laws and report your income to the appropriate taxing authority.  If you do “under the table” work and fail to report that income for state and federal tax purposes, you will lose your case.  DO NOT accept an “under the table” job. In these types of cases, it is absolutely necessary for you to have creditability with the judge and jury.

George Barron

I am an attorney based in Wilkes-Barre, PA. I practice employment law, immigration law and personal injury law.