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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Tips on navigating tricky mitigation waters

Thursday, July 07, 2016 @ 8:00 PM | By Alison McEwen

Mitigation can be difficult, especially if this is the first time a client is going through the process, whether it be an employee or an employer. Even once your client understands the concept, it can be hard for them to maintain mitigation, as it is an ongoing issue until the claim is resolved.

When an employer terminates an employee, the employee normally has a duty, imposed by common law, to make reasonable efforts to mitigate his or her damages. This means making a reasonable effort to...