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Strategies and Tips for Employment Law (9:VII): Difference between revisions

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== C. Make Reasonable Efforts to Mitigate Damages and Track Mitigation Efforts ==
== C. Make Reasonable Efforts to Mitigate Damages and Track Mitigation Efforts ==


Employees must make reasonable efforts to mitigate their damages. This is most relevant if the employee has been dismissed; the employee will  be making a claim for damages in lieu of reasonable notice in Small Claims Court, or a claim for lost wages at the Human Rights Tribunal, and  they must make reasonable efforts to mitigate these losses by searching for similar work. The employee should document their search for work. Note, however, that if the employee is successful in finding work, they will have successfully mitigated their damages, and will therefore be entitled to less compensation for lost wages or reasonable notice.  
Employees must make reasonable efforts to mitigate their damages. This is most relevant if the employee has been dismissed; the employee will  be making a claim for damages in lieu of reasonable notice in Small Claims Court or the Civil Resolution Tribunal, or a claim for lost wages at the Human Rights Tribunal, and  they must make reasonable efforts to mitigate these losses by searching for similar work. The employee should document their search for work. Note, however, that if the employee is successful in finding work, they will have successfully mitigated their damages, and will therefore be entitled to less compensation for lost wages or reasonable notice.  


Employees should also be encouraged to keep accurate records of their job search efforts, for potential use as evidence at court.  
Employees should also be encouraged to keep accurate records of their job search efforts, for potential use as evidence at court.


== D. File a claim as soon as possible ==
== D. File a claim as soon as possible ==
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