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Mitigation

Non-competition clauses can lead to extra notice

Often in our practice, we come across employment contracts that contain “non-competition” clauses.  The purpose of these contractual terms is to prevent the employee from going out after the employment is terminated (and during the employment) and either setting up a competing business, or working for the employer’s competitors.  The employer is concerned that […]

By |March 22nd, 2016|Contracts, Mitigation, Reasonable notice|Comments Off on Non-competition clauses can lead to extra notice|

The Duty to Mitigate – Part 1

Following dismissal from employment, a dismissed employee comes under a duty to mitigate his or her damages.  The duty is one that the employee owes to him or herself.  It is a duty to take reasonable steps to search for similar work to what was lost upon dismissal.  The duty springs up once the […]

By |November 20th, 2015|Mitigation, Reasonable notice|Comments Off on The Duty to Mitigate – Part 1|

The Ins and Outs of Mitigation – Issue 863

Topic: Mitigation
Column: “Employment Issues” – Legal Matters Issue 863
Written By: R. Yeager

April 21, 2006

If there is one area of wrongful dismissal employment law that is most difficult to assess, it is the concept of mitigation. With a termination of employment, at least it is usually clear that the contract of employment has ended, and […]

By |May 23rd, 2014|Mitigation, Yeager in the Media|Comments Off on The Ins and Outs of Mitigation – Issue 863|

Dismissal, Mitigation and Termination Clauses

Typical employment agreements contain the implication that an employer must provide reasonable notice to an employee prior to dismissal. If the employer doesn’t provide the correct notice, they breach the contract and the employee is entitled to damages. The employee is then required by law to mitigate (or lessen) his or her damages by seeking […]

By |October 19th, 2012|Contracts, Mitigation, Termination clause|Comments Off on Dismissal, Mitigation and Termination Clauses|