One of the most difficult areas to navigate for employees who have been wrongfully dismissed in Alberta is mitigation. When people are wrongly terminated, there is a general understanding that in many instances they can be entitled to monetary sums in the form of pay in lieu of notice.
There is a catch, unfortunately. Employees have to take active steps to look for similar job. They should also take a similar job if it is offered to them. In practice, some employers will hold off on settling these claims to see how mitigation affects the claim. In some settlements, employers will try to insert provisions clawing back settlement funds if the employee mitigates.
For employees, it is important to have a good, comprehensive record of job efforts. A mitigation diary along with records of actual resumes and job applications sent away is an important part of addressing the mitigation issue.
If you want more information on mitigation, please feel free to contact us.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.
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