The Employee's Duty to Mitigate

Even when an employee has been dismissed without cause, the law requires that employee to "mitigate" losses. That means that there is a duty on the dismissed employee to attempt to find other work. That does not mean that the employee is bound to accept any job, anywhere, or at any rate of pay. Rather, the employee must make an honest and diligent effort to find similar work with similar pay and responsibilities. The issue of mitigation is often raised in wrongful dismissal lawsuits. If the employer is able to show that the employee did not take reasonable steps to find other work, the amount of pay in lieu of notice that the employee is entitled to may be significantly reduced.