Wrongful Termination Cases
In wrongful termination cases, the right to recover damages includes back pay, lost benefits and front pay. However, there are certain limitations to this entitlement, such as the defendant’s duty to mitigate damages. If the wrongfully terminated employee has not met their duty to mitigate, a judge may reduce the award by up to 50 percent.
To meet the duties of mitigation, it is important for an employee to actively seek employment. This means recording job applications, contacting job recruiters and exploring all employment options. In addition, an employee cannot unreasonably refuse to accept a reasonable job offer.
While a court’s view on what constitutes a “reasonable effort” is highly fact-specific, there are some general guidelines that can help an attorney determine whether a plaintiff has met their duty to mitigate. For example, the court may not find a plaintiff’s attempt to start their own entrepreneurial business to be a valid mitigation measure where it is clear that this new endeavor is not being undertaken seriously or has a poor chance of success. Other examples of reasonable efforts to mitigate may include enrolling in school (e.g., Green v. Administrators of Tulane Educational Fund) or taking on a part-time job (e.g., Hawkins v. 1115 Legal Serv. Care).
Duties of Mitigation in Wrongful Termination Cases
Another way that an attorney can determine if a plaintiff has met their duty to mitigate is by reviewing the evidence of an employee’s job search activities and interviewing them about those efforts. It is also important to review any documents that the plaintiff produced during the course of their wrongful termination, such as performance reviews or memos.
An attorney can determine whether a wrongfully terminated employee has met their duty to mitigate by analyzing the circumstances of the case and considering what a reasonable person in the plaintiff’s position would have done. For example, if an employer created a hostile work environment that made it impossible for the plaintiff to look for work elsewhere, then accepting temporary re-employment with the dismissing company may be considered a reasonable mitigating measure.
Similarly, if the plaintiff’s mental or emotional distress as a result of the defendant’s actions rendered them incapable of looking for work, then this could also be considered a mitigating factor. However, if the defendant’s conduct was malicious or reckless, then this type of mitigation would not be sufficient.
Employers must recognize their obligations to maintain safe working conditions and refrain from retaliating against employees who exercise their right to assert safety concerns. By fostering a culture of safety, communication, and mutual respect, organizations can not only mitigate the risk of wrongful termination but also create a workplace where employees feel empowered to prioritize their well-being without fear of reprisal.
To learn more about how the duty to mitigate applies to your wrongful termination claim, contact an experienced local employment attorney. An attorney can provide you with state-specific legal advice, assist in gathering the necessary evidence to support your claim and file a private lawsuit on your behalf. If the wrongful termination was the result of a discriminatory practice or willful violation, a lawyer can even help you secure punitive damages in addition to your other compensatory damages. Contact us today to get started.
