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Category: Mitigation

Do I Have to Accept a Job Offer from the Purchaser of my Employer’s Business?

By , September 20, 2018 8:50 am

Ontario courts have mentioned time and time again that a terminated employee has a duty look for and accept comparable employment. What happens when your employer is sold and the purchaser offers you employment? A recent decision from the Ontario Superior Court of Justice provides some direction on when such an offer of employment can Continue Reading…

How Does Returning to School Affect an Employee’s Duty to Mitigate Losses?

By , September 13, 2018 2:33 pm

A terminated employee has a duty to mitigate his or her damages by looking for alternative employment. We are often asked questions like: Can an employee start her own business? Can he or she return to school or a retraining program? This blog addresses these questions. The General Principle Around Returning to School Two scholars Continue Reading…

The Duty to Mitigate: What Happens to Earnings from a Lower Paying Job?

By , July 20, 2018 10:41 am

Losing your job is one of life’s awfully stressful events. Yet, Canadian courts have long recognized the duty of a dismissed employee to seek new employment to mitigate their losses. The duty to mitigate requires wrongfully dismissed employees to take reasonable steps to minimize the losses they have suffered. Although not usually a burdensome standard Continue Reading…

Can I go back to school to retrain after being terminated?

By , June 12, 2017 8:37 am

As we have written before, once a person’s employment is terminated, that person has a legal obligation to look for alternative employment. We often receive calls from recently-terminated long service employees who ask us whether they can go back to school to retrain so that they can compete with younger members of the workforce. A Continue Reading…

What a great country: getting paid by two employers at the same time

By , May 25, 2017 2:30 pm

Wrongful dismissal damages are normally subject to mitigation, which means that income from a new job after termination is deducted from the damages a terminated employee can recover from their previous employer. For example, if an employee earning $ 60 000 is entitled to six months notice of termination (or $ 30 000 pay in Continue Reading…

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