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By McCarthy Tétrault LLP | 3 Minutes Read November 3, 2015

Employers must “trust” employees to account for mitigation earnings during notice period

mitigation effortsA typical wrongful dismissal case (where cause is not an issue) generally involves two legal issues. First, how much reasonable notice of termination (or pay in lieu) should the employee have received based on the employee’s age, length of service, position, compensation and the availability of comparable employment. Second, did the employee mitigate his/her damages by finding alternative employment or failing to make reasonable efforts to do so during the notice period? Notably, a judge can decrease the notice period based on the employee’s unreasonable mitigation efforts.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / contingency approach, duty to mitigate, employee’s mitigation efforts, employment law, mitigation earnings, notice period, pay in lieu of notice, re-employment, reasonable notice, summary judgment, termination, terminations, trust approach, wrongful dismissal

By Earl Altman | 4 Minutes Read March 14, 2014

Picky, picky: How selective can a dismissed employee be in mitigation efforts?

When advising a wrongfully terminated employee as to her legal rights and obligations, I always point out that a wrongful dismissal claim is not like winning the lottery. While employers are obligated to provide reasonable notice of termination or payment in lieu of such notice, terminated employees must make “reasonable efforts” to find new employment. As is often the case, the devil is in the details. What must a dismissed employee do to meet her obligation to mitigate? What have courts determined to be reasonable steps? What conduct has been held to be unreasonable? From whose perspective will reasonableness be judged–the employers or the employees?

Article by Earl Altman / Employee Relations, Employment Standards, Payroll / British Columbia Court of Appeal, compensation, dismissed employee, duty to mitigate, employee failed to take reasonable steps to find a job, employee’s mitigation choices, employee’s mitigation efforts, employment law, failure to mitigate, mitigation efforts, payment in lieu, reasonable notice of termination, refusal to accept a job offer, termination, terminations, trade or profession, wrongfully terminated employee

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