An employee, however, has a duty to lessen their damages. Put another way, an employee has a positive legal obligation to try and find alternate employment. Still, an employee is not required to accept a job that is substantially different or a job that pays significantly less. The obligation is to look for and accept alternate employment which is in the employee’s own best interest.
The most common points of contention in a typical wrongful dismissal dispute are usually: (1) determining the length of the reasonable notice period and what employee benefits should be included during this period; and (2) the amount that ought to be deducted for reasonable mitigation.
The above information is provided as a source of general information only and should not be used to replace the advice of a lawyer. If you have been recently terminated, it would be prudent to have an employment lawyer review the offered severance package to determine whether it is fair and reasonable in the circumstances.
Michael Gunsolus is an associate with Ayotte Dupuis O’Neill and has represented both employees and employers in wrongful dismissal disputes.
Michael can be reached at:
Tel: (705) 748 2325 Ext 288