Your Duty to Mitigate (Looking for Work is Crucial)
A guide to your responsibility to reduce damages.
In any employment case, you have a legal responsibility known as the "duty to mitigate damages." In simple terms, this means you must make a good faith effort to find a new, comparable job after leaving your former employer.
This is one of the most important roles you have as our partner in this case.
What is a "Good Faith Effort"?
Making a good faith effort does not mean you have to accept the very first job offer you receive, nor do you have to take a position that is outside your field or a significant step down. It simply means you must be actively looking for suitable work.
The reason for this is that any wages you earn from a new job will be used to offset the "back pay" damages you can recover from your former employer. While it is the employer's burden to prove you failed to mitigate, a well-documented job search is the best way to protect the full value of your claim.
Your Action Item: Create a Job Search Log
To demonstrate your good faith effort, we ask that you create and maintain a detailed log of your job search. Please track the following for every position you pursue:
- Company Name
- Job Title
- Date of Application
- Method of Application (e.g., online portal, email)
- Any response you receive (including rejection letters)
- Dates of any interviews