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Mitigation - Articles & Videos

2024 Employment Law in Review, Part 2: The Eras Tour (Rudner Law Version)

2024 Employment Law in Review, Part 2: The Eras Tour (Rudner Law Version)

Our 2024 Year in Review continues. We are in an HR Law Era where our courts remain concerned with the power imbalance in the employment relationship and will find ways to help employees.

We Are Never, Ever Getting Back Together… Unless?

We Are Never, Ever Getting Back Together… Unless?

In the context of the sale of a business, an employee’s duty to mitigate might require them to accept the same job with the purchaser, even though the vendor-employer technically triggered a termination.

Wrongful Dismissal Claim + Turning Down Reasonable Work = Sacrificing Severance Entitlements

Wrongful Dismissal Claim + Turning Down Reasonable Work = Sacrificing Severance Entitlements

You’ve heard of Girl Math, but let’s do some HR Math. If you are pursuing a wrongful dismissal claim, and you are offered reasonable new work, but you turn it down, you could be sacrificing a significant amount of severance entitlements.

Mitigation Income

Mitigation Income

A dismissed employee’s damages are subject to mitigation and any income they earn during the common law notice period is to be deducted from the damages owing from their former employer.

The Dangers of Fixed Term Contracts

The Dangers of Fixed Term Contracts

A recent decision of the Ontario Court of Appeal is an important reminder of how costly fixed term agreements can be for businesses when they are not used correctly.

Does a Dismissed Employee Have an Obligation to Return to Work in Order to Mitigate their Damages? It Depends!

Does a Dismissed Employee Have an Obligation to Return to Work in Order to Mitigate their Damages? It Depends!

All employees who are dismissed have a duty at common law to mitigate their damages by finding comparable replacement employment as quickly as possible.

Can I Be “Unfired”?

Can I Be “Unfired”?

Can an employer dismiss an employee, then change its mind, unilaterally retract the dismissal, and require that the employee continue to work? The answer to this question is currently unfolding before the world in real time.

Litigation Over Poor Mitigation: Court Reduces Notice Period

Litigation Over Poor Mitigation: Court Reduces Notice Period

You might know that employees have a legal obligation to mitigate their damages when they are let go, which means they must make reasonable efforts to find new employment. However, what does “reasonable efforts” even mean?

Rudner Law Video Update: Termination Terminology

In this video update, Stuart clarifies some of the terms that are used in the world of employment law relating to dismissals.

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