Employee Duty to Mitigate Damages

You have been fired, and you think you have been subjected to wrongful termination and that your employer has violated employment law. You may be getting unemployment insurance, and you are also looking for another job. Until you do get the job, employment law in New York State and New York City says that you have a duty to mitigate. That means that you need to document your job search efforts. Keep copies of your resume, the ads you responded to, the letters and e-mails that you wrote, the websites you visited, the calls you made and the interviews that you had. Document that you have been diligent in looking for another job, that each and every day, each and every week, you have been out in the marketplace to get back to work. This is good for your health, your pocket book and for any claim that you may have against the employer for violation of employment law or wrongful termination.

Contact us online or call us at (212) 949-1001 so that we can review if you are fulfilling your duty to mitigate under employment law in New York State and New York City.