Duty to Mitigate

Employment lawyers Orange County can explain the employee’s various duties related to litigation. One important duty is to mitigate damages.

Duty to Seek Similar Employment

For example, an Orange County employment lawyer can explain that an employee has a duty to seek similar employment. This does not mean that the employee has the right to refuse any job that is not exactly the same. Instead, this duty is normally phrased as the requirement to diligently seek out employment that is substantially similar. A lawyer can explain that this concept is based on the principle that the plaintiff should not be allowed to sit and wait for a large verdict and take advantage of the situation. Instead, the employee is required to utilize reasonable diligence in searching for acceptable employment. If the employee refuses a job that is substantially equivalent to the previous job, he or she can forfeith his or her right to back pay.


Although an employee has the duty to mitigate damages, this duty is not absolute. For example, the employee is not required to accept work in a different industry or accept a demotion. Likewise, the employee is not required to accept a demeaning position.

Offer of Employment

In some instances, employers may try to toll the accrual of their liability for backpay by offering the discriminated employee the same job.

Evidence of Mitigation

In order to prove that the employee has mitigated his or her damages, there are several steps that he or she can take. A lawyer may accumulate evidence and present it to the court to show that he or she has fulfilled this duty. For example, if the employee has talked to family members about potential job opportunities, these individuals may be called as witnesses. Additionally, the employee may keep copies of cover letters and a list of employers where he or she put in an application.

Legal Assistance

If you would like more information on this subject, contact employment lawyers Orange County by calling Daily Aljian LLP. You can discuss the specific circumstances of your case with a lawyer knowledgeable in this area and learn about the steps that you should take to mitigate your claim.

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