Los Angeles Office Location
Hennig Ruiz & Singh
Not sure if you have a legal case? Call us to talk to a lawyer:
Free Consultations
213-985-1305
One Of The Most Successful Workers' Rights Trial Law Firms In California

Wrongfully terminated employees must attempt to mitigate damages

There are different qualifications required for different jobs in California. People who do not have those qualifications most likely will not get a job. For instance in order to be an accountant one needs to be licensed and have passed certain tests in order to receive that license. If a person has not done this they do not qualify to be a certified public accountant. However, anyone that does meet the qualifications should have an opportunity to have a job in that field. Nothing besides their professional qualifications should be considered.

However, some employers base their employment decisions on other reasons besides the job qualifications. Some of these reasons are discriminatory, which means they are based on the person's race, gender, gender identity, age, disability or other reasons. If people are fired for these reasons they may be entitled to compensation through wrongful termination claims. This compensation can include back pay, front pay, compensation for emotional distress and punitive damages.

However, in order to receive the full amount of compensation the victim could be entitled to, they must make efforts to mitigate the damages. This means that the employee must make efforts to find comparable employment after being fired. This does not mean that they have to get hired, but they need to actively look for employment. If the person does find new employment, the money they earn from the new job will be subtracted from their total back pay. If they do not make these efforts, the court could state that they are not entitled to any back pay.

There are many reasons that people in California lose their jobs. Sometimes it is because they are not qualified or do not adequately perform the job tasks. Sometimes it is because the employer illegally discriminated against the employee. If this happens the employee may be entitled to compensation, but the employee does have a duty to mitigate the damages by attempting to find comparable employment after being fired. These cases are complicated, so consulting with an attorney could be helpful.

No Comments

Leave a comment
Comment Information
  • Super lawyers
  • California Employment Lawyers Association
  • Consumer Attorneys Association of Los Angeles

What Our Clients Say About Us

  1. I needed great attorneys in a short period of time, it was an emergency situation. Some research led me to the Hennig, Ruiz & Singh. We spoke on the phone and they had me come into the office and started on my case immediately. They got me exactly what I wanted and did it in the shortest amount of time possible. They were caring, fair and extremely good at what they do. I definitely would recommend them to anyone. -Scott Rooney

  2. If you are looking for legal representation I would suggest for you to consider Hennig, Ruiz & Singh. Put succinctly, their legal team was intelligent, hard working, responsive, and very knowledgeable throughout our time working together. While I of course cannot divulge details about the assistance that the firm provided for me, I can and will say that their representation was pivotal and changed my life for the better beyond words... -Shane Guglielmo

  3. I went to this firm to have a separation letter reviewed and met a young lawyer named Janet Hong. She was extremely friendly, professional, thorough and quick. She reviewed the documentation promptly and gave me actionable advice. I was able to resolve everything quickly. I would not hesitate to recommend Janet to anyone seeking legal services. -Brendan Hagerty

Schedule a Free Consultation

Ready To Start Protecting Your Rights? Call 213-985-1305

Not Sure Whether You Need Lawyer?

Answer a few questions to see whether you have a case.
Get Started Here

Office Location

Hennig Ruiz & Singh
3600 Wilshire Blvd.
Suite 1908
Los Angeles, CA 90010

Toll Free: 800-260-6542
Fax: (213) 310-8302
Map & Directions

Free Consultations

Contact Us