Wrongfully Terminated Employees Must Attempt to Mitigate Damages

Wrongfully Terminated Employees Must Attempt to Mitigate Damages
Dec 13, 2018

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.

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