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Text Us: 416-864-8500  |   Meet Us: Employees / Employers |   Phone Us: 416-864-8500

FREQUENTLY ASKED QUESTIONS AND ANSWERS

How soon does the duty to mitigate kick in?

We regularly have clients who phone us on the way home from their termination meeting, and are understandably in various emotional states as they process the news. We always advise people to go home, take a day to work through the news, and then contact us the next day to review things with a clearer head.

Just like our consultations, the duty to mitigate does not mean that you need to start perusing the classified ads the moment you get home from your termination meeting. Employers are looking to see that employees are making ‘reasonable’ efforts, so that means that a few days off to clear your head is not a crime. Additionally, if your exit package includes transitional services or if you have been out of the job market for a long time, then it may take you and/or a counselling service several weeks to work on your resume and interview skills before you even begin your search.

In short, taking 4 or 5 days to rest and recover likely will not be held against you. Taking 4 or 5 months before you begin searching, though, might count as a strike against your chances of recovery. 

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

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

Email: info@rudnerlaw.ca

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