What is a Duty to Mitigate?

Losing a job is obviously extremely stressful, both in terms of its financial impact on you and your family and the overall impact it can have on you mentally and emotionally. For many workers in California, a job defines who they are and gives them a sense of belonging and identity.

But when you lose your job for unlawful reasons, and you decide to take action against your employer, there are certain responsibilities you have when you look for a new job. In legal terms, you have a “duty to mitigate” your losses and damages. This can be a tricky concept in the context of an employment lawsuit, so it’s important to understand what you need to do in these situations.

Expert Legal Guidance From Seasoned California Employment Lawyers

At Maison Law, our team of experienced and dedicated California employment lawyers has seen all manner of different types of cases where our clients have been treated unfairly and illegally in the workplace. Through our experience, we have developed a winning strategy and reputation for holding employers accountable. We do this by providing our clients with a personalized approach to their cases, as well as expert guidance on how to approach the various laws and requirements that exist. This includes helping them understand how finding a new job affects their current claim with their old employer.

If you find yourself in this situation and are looking for guidance, contact us today for a free, no-obligation consultation.

Wrongful Termination in California

As an “at-will” employment state, your employer has the right to terminate you at any time, with or without cause. Conversely, you can quit your job at any time, for any reason. However, there are certain exceptions to this rule when it comes to your employer firing you.

When your employer fires you or otherwise forces you to quit your job for illegal reasons in California, it is known as “wrongful termination.”  There are a number of different scenarios in which you may have been wrongfully terminated, especially in the following circumstances:

• Discrimination – If your employer terminates you based on your race, religion, national origin, gender, age, sexual orientation, or disability, it can be considered wrongful termination. This violates California’s Fair Employment and Housing Act (FEHA).
• Retaliation – Similarly, if your employer terminates you after you engage in protected activities, such as whistleblowing, reporting discrimination or harassment, taking family or medical leave, or filing for workers’ compensation benefits, it can be considered wrongful termination.
• Public policy violation – If an employer terminates an employee for reasons that violate a well-established public policy of California, it can be considered wrongful termination. For example, if you have been terminated for reporting an illegal activity to the authorities or for refusing to commit an illegal act, it can be considered wrongful termination.
• Breach of contract – If your employer terminates you in violation of your employment contract, it can be considered wrongful termination. Usually, employment contracts specify that an employee can only be terminated for cause and when the employer terminates the employee without cause, it can be considered wrongful termination.
• Constructive discharge – In many cases, your employer won’t take the full step of firing you, but will instead make your working conditions so intolerable that you will have no choice but to quit. When you are effectively forced to quit your job because of the hostility and toxicity of the work environment, it is known as “constructive discharge”, which can be considered wrongful termination.

All of these instances violate your rights under the law in California, thus giving you the opportunity to file a claim for damages. Even so, it’s always important to work with our team of experienced employment lawyers. We can explain the full range of your legal options, as well as the requirements you’ll have to meet if you do decide to file a claim.

What Is a Duty to Mitigate In a California Employment Law Case?

In terms of your case when you’ve been wrongfully terminated, there are a few requirements you have to meet once you actually file your claim in court. One of the most misunderstood is the “duty to mitigate.” The duty to mitigate refers to:

• The requirement you have to take reasonable steps to minimize the damages you have suffered by trying to get another job.

This is a legal requirement for any employment case in California, which means that a failure to do so may reduce your overall damages or could remove them entirely. Thus, the duty to mitigate is an extremely important part of your case.

Generally speaking, the duty to mitigate requires the following steps:

• Acting reasonably – Employees with a duty to mitigate must act reasonably in seeking new employment. This means that they must make a good-faith effort to find comparable employment, usually by updating their resume, applying for jobs, attending job interviews, and accepting job offers that are reasonably comparable to their previous employment.
• Seeking comparable employment – The duty to mitigate also requires you to make a reasonable effort to seek comparable employment. This means that you should be looking for employment that is similar to your previous job in terms of skill level, experience required, and pay level.
• No unreasonable refusal – Under the duty to mitigate, employees must not unreasonably refuse an offer of comparable employment. If an employee refuses a job offer that is similar to their previous employment, they may not be entitled to recover lost wages for the period of time during which they could have reasonably found new employment.
• Documenting efforts – An important aspect of proving the duty to mitigate involves documenting efforts to find new employment. This is usually done by keeping records of job applications, interviews, and job offers and then showing this to the court as evidence.
• Acting promptly – Employees should act promptly in seeking new employment. This means that they should not delay in seeking new employment, as doing so may result in a reduction in damages.

Ultimately, the duty to mitigate arises from the legal system’s preference for fairness. While California employment law seeks to compensate employees for their losses caused by having their rights violated, but only to the extent that those losses could not reasonably have been avoided. In other words, you cannot simply sit back and do nothing after being wrongfully terminated and expect to receive full compensation for your damages.

However, when you can show that you have taken steps to try to mitigate your damages, it demonstrates to a judge or jury that you are committed to the law and that you are trying to move forward.

Maison Law Stands With Victims of Wrongful Termination in California

When your employer wrongfully terminates you, it’s extremely frustrating. Not only does it affect you in the short term with financial stressors, but it can have long-term effects on your ability to work going forward.

At Maison Law, we’re committed to standing with victims of wrongful termination in California. We understand the challenges that you face when you lose your job through no fault of your own, and we believe that employers must be held accountable for their wrongful actions.

Our experienced employment lawyers can assist you in pursuing your legal rights and seeking the compensation you deserve. We will work tirelessly to ensure that your voice is heard and that justice is served. Don’t let your employer get away with wrongful termination. Contact us today to schedule a free, no-obligation consultation and learn more about your legal options.