Toronto Employment Lawyers Helping Employers and Employees with Mitigation
Mitigation is a legal concept that arises in the context of a termination. Mitigation is often misunderstood, which can lead to confusion and prolonged disputes between workplace parties. The period after a termination is one during which both the employer and the terminated employee should tread carefully.
At Grosman Gale Fletcher Hopkins LLP our experienced employment lawyers have been guiding workplace parties through the process of termination for more than 30 years. We provide clear, trusted legal advice to help parties understand their rights and obligations.
What is Mitigation?
Anyone whose employment has been terminated, regardless of the reason or reasons for the termination, has a legal duty to act reasonably. That person must attempt to secure alternative employment in order to try to “mitigate”, limit or reduce the economic loss they are experiencing as a result of the termination. The law seeks to compensate the terminated employee during what is determined to be a reasonable period of notice, but only to the extent that the individual actually sustains economic loss.
In other words, the object of the law of wrongful dismissal is to keep the individual “economically whole”, as if he or she had been afforded the opportunity to work through a fair notice period. The goal is not to reward the individual for past service or contribution, but to assist in bridging the person to new employment.
This obligation to try and mitigate the economic loss arising from a termination without cause is one of the cornerstone concepts of the law of wrongful dismissal, and one which does not always receive appropriate prominence.
Mitigation also arises in situations of constructive dismissal.
Contact Grosman Gale Fletcher Hopkins LLP for Advice on Mitigation Following a Termination
The Toronto employment lawyers at Grosman Gale Fletcher Hopkins LLP have been recognized as leaders in their field. We have helped thousands of clients with questions that arise post-termination, including issues around mitigation. If you are an employer or an employee and need guidance with an employment issue, contact us online or at 416.364.9599.