skip to Main Content
HR Lawyers, Employment Lawyers, Workplace Lawyers...whatever you call us, you'll be glad you did.
Text Us: 416-864-8500  |   Meet Us: Employees / Employers |   Phone Us: 416-864-8500

Mitigation - Articles & Videos

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.

mitigate damages

Employee Refuses to Return to Work After Illegal Layoff – Court Finds Failure to Mitigate

Losing a job is nerve-wrecking for most people. Employees must be careful, however, because they have a duty to mitigate their damages by taking reasonable steps to find comparable employment. Otherwise, their entitlement to damages for wrongful dismissal may be substantially reduced.

mitigation of damages - getting a job after being fired

Employers Can Be Responsible for Significant Mitigation Costs

There are certain circumstances in which the duty to mitigate does not arise. The first is where there is a termination clause in an employee’s employment agreement which does not expressly require an employee to mitigate their damages during the applicable period of notice. The second is with respect to an employee’s minimum statutory entitlements under employment standards legislation, including an employee’s entitlement to notice/Termination Pay and Severance Pay, which an employee is entitled to receive regardless of their mitigation efforts.

Employment Lawyers - Rudner Law
Alternative Dispute Resolution Rudner Law

Rudner Law
15 Allstate Parkway
Suite 600
Markham, ON
L3R 5B4

Phone: 416-864-8500
Text: 416-864-8500

Email: info@rudnerlaw.ca

Google Rating
4.7
Based on 60 reviews
Rudner Law - Employment Lawyers
ADR Services for Employment Law
Back To Top