If you’ve been wrongfully dismissed from your job, you may believe that your role now involves patiently waiting for the case to reach a settlement or trial. If both you and your wrongful termination attorney agree that your employer’s actions were patently unlawful, you might be confident of winning the case. However, adopting a passive stance might jeopardize your case.
Wrongful termination cases stem from an employer dismissing an employee unlawfully, or creating such unbearable work conditions that the employee feels compelled to resign. Federal law prohibits termination on the grounds of race, color, national origin, gender, religion, age, or disability. State and local laws may extend protections further, outlawing dismissals based on sexual orientation or gender identity.
The Pursuit of Damages and The Duty to Mitigate
Once you’ve initiated a lawsuit against your employer for wrongful termination, you’ll typically be pursuing various damages, including back pay. This figure represents the salary you would’ve earned had you not been unfairly dismissed. To secure the full amount of back pay to which you’re entitled, you’re obliged to seek other employment – this is your duty to mitigate. Essentially, you need to strive to reduce your lost wages by finding another job. If you neglect this duty, your back pay award may be significantly reduced.
Within the scope of employment law, the duty to mitigate implies making reasonable efforts to secure similar employment. If you’re genuinely and actively trying to find a similar job, you will likely have fulfilled this obligation.
Reasonable Efforts and Comparable Employment
To demonstrate reasonable efforts, you must be actively job-hunting. You can do this by submitting job applications, collaborating with a recruiter, among other measures. The key point here is that you’re actively searching for work – you’re not required to be successful in this endeavor. Your former employer has to demonstrate the availability of similar jobs and your lack of effort to secure them. Moreover, if you manage to find a job post your wrongful termination, your duty to mitigate also requires you to make reasonable efforts to retain it.
A comparable job typically means a similar role you are qualified for. The job should offer a similar salary, benefits, and hours, require similar skills, experience, and be located in the same general area as your previous role. You’re not obligated to accept employment inferior to your previous position or relocate for a new job.
Practical Implications of the Duty to Mitigate
Practically, the duty to mitigate implies that you can’t merely wait for a settlement or a jury verdict after being wrongfully terminated. You need to actively seek suitable work. Any salary from a new job will be deducted from your back pay award. However, if you fail to even attempt to find work, your back pay award will likely be reduced.
If you suspect you’ve been wrongfully dismissed from your job, get in touch with PLBH at (800) 435-7542 for a free legal consultation. Our lawyers, well-versed in wrongful termination cases, will strive tirelessly to protect your legal rights.