Mitigating Damages in Employment Claims

Mitigating Damages in Employment Claims

In making an employment claim, you have a duty to mitigate your damages. This means you have an obligation to diligently look for another job. Wrongful termination lawyers in Orange County, CA can advise you how to best go about doing this.
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You Must Look for a Similar Job

While you don’t have to pick a new career, accept a demotion, or take a demeaning position, you will forfeit your right to back pay if you refuse a job that is substantially equivalent to the one you were denied. This duty to mitigate damages is rooted in an ancient principle of law, and requires that you mitigate your damages by diligently seeking a similar job. In fact, employers that are charged with unlawful discrimination sometimes attempt to avoid the accrual of back pay liability by unconditionally offering you the job you sought.

Keep Records of Your Job Search

Be sure to keep any evidence that shows you tried to mitigate damages. For example:

  • Retain copies of all resumes you submit when looking for a job.
  • Keep printouts from any job searches that you conducted on the Internet (for instance, at or
  • Retain copies of emails and letters from headhunters.
  • Make printouts of any applications for online jobs that you applied to.
  • Keep notes detailing any networking conversations that you have had with potential employers, headhunters, and former coworkers that pertain to your job search.

Likelihood of Success if You Don’t Try to Mitigate Damages

If you have not engaged in mitigation efforts, most wrongful termination lawyers in Orange County, CA won’t take you on as a client. This is because case precedents demonstrate your case will not be successful when you fail to mitigate. For example, there was one case that held that the court could still enter a judgment for the employer plaintiff in a Family Medical Leave Act claim if the plaintiff employee had failed to mitigate his damages by seeking similar employment — even when a jury found in favor of the plaintiff.

If you believe you are a victim of workplace discrimination or another employee rights violation, contact wrongful termination lawyers in Orange County, CA today at 949-861-2524. Reed Aljian and Justin Daily of Daily Aljian LLP can answer your specific employment law questions.

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