Losing a job is never easy. But you can feel even more cheated if you were fired due to workplace discrimination, retaliation or sexual harassment. These circumstances can not only rock your financial stability, but they can also disrupt your career trajectory, harm your standing in your profession and leave you with extensive mental anguish. You may be able to recover compensation for these damages, but only if you can prove your losses. And to do that, you have to not only have strong documentation of what you’ve lost, but also how you’ve mitigated your damages.
Under civil law, a plaintiff has a duty to try to minimize the harm that’s been caused to them by the wrongdoing in question. This is known as mitigating damages. If the defendant can show that you’ve failed to mitigate your damages, then there’s a good chance that you’ll receive far less in compensatory recovery than you initially thought. If you don’t want that to happen, then you need to know how to effectively mitigate your damages.
How can you mitigate damages in your employment law case?
There are multiple steps you can take to mitigate damages in your case. Your first step here is to diligently look for employment. After being let go from your job, you can’t just sit back, remain unemployed and expect to recover lost wages for the period of time during which you don’t work. Instead, you have to show that you’ve diligently sought replacement employment to stem your losses. Keep track of every job that you’ve applied for and the results of those applications. Keep in mind that you don’t have to put yourself at undue hardship, but you should seek employment that’s similar to that which you just lost.
If you’re offered a similar job, though, you should take it. Otherwise, the defense will argue that you had the opportunity to mitigate your damages and you failed to do so. This can dramatically impact your ability to recover the compensation that you’ve lost.
Don’t forget about your other damages
There can be a wide array of damages suffered from workplace discrimination, sexual harassment and wrongful termination. You have to be aware of them so that you can properly claim them in your case. These losses can include emotional distress, out-of-pocket costs for any incurred medical care and punitive damages.
Therefore, it could be important in your situation to seek out mental health treatment. If you think that you’ve experienced mental anguish as a result of the workplace discrimination or harassment to which you’ve been exposed, then you need to seek out treatment to address the harm you’ve suffered. If you don’t, then you’ll be in a difficult position to claim that your mental health has worsened because of the event given that you haven’t taken any steps to prevent further damage.
We know it can be frightening to think about squaring off with your employer in the legal arena. But taking legal action could be necessary to securing the accountability and financial resources needed to set you back on track. Before pursuing your case, though, make sure you’ve taken steps to mitigate your losses and gather the evidence needed to support your case. By doing so, you’ll hopefully be able to secure the outcome that you want and deserve.
