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Duty to Mitigate Losses and Damages in a Wrongful Termination Case

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A Plaintiff in a wrongful termination cases has a duty to try to reduce or mitigate
his/her losses as a result of losing a job. This means that unless you are fully
disabled and are completely unable to work, you should diligently look for new
employment after your termination, and you should keep record of all your job
search efforts. This will likely prove to be important later in the case or at
trial when you will be asked - "what have you done to reduce your losses?"

Not being able to show that you have put and you are continuing to put a lot of
effort into finding a job or only being able to show very little effort into
finding a job might make your wrongful termination case weaker, whether it's way before trial or when you are
in court in front of the jury. There is an expectation that an unemployed person
will take reasonable steps to look for and find a new job after being fired.  
Such statements like "I didn't bother to look for work, because the
economy is really bad and I know that there are no positions in my field" is an
argument that almost never works in court. 

Here are some of the documents you can and you should keep as part of your job search record: 
* All e-mails you send to potential employers inquiring about your job and/or submitting your resume;
* All the responses you receive in any form from potential empoyers, including the rejection letters or
* e-mails confirming that your applications has been received.
* A typed up or handwritten list of all the employers you contacted by phone, by e-mail or in person, approximate dates of that contact and the positions you applied for. This list can also include information about the job fairs you
attended, walk-in job applications and even a list of friends who you contacted to inquire about your being hired.  
* A list of any temporary jobs you have held since your termination by the defendant.

Keeping a good record of your job search efforts will make a good impression on the opposing counsel, during your deposition, it will make your case look more compelling at a mediation or any other settlement proceedings and in trial, if your case goes that far.


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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


57 Post Street, Suite 812, San Francisco, CA 94104; Tel. (415) 295-4730; Fax. (415) 508-3474; [email protected]
  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case