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Yes.

Employees who have had their employment terminated have a duty to make efforts to find another job, and thereby reduce their “damages”.

These efforts are measured on the standard of “reasonableness”. This means that employees are expected to try to find another job, even in a less than ideal labour market.

Having said this, employees are not expected to make limitless efforts, nor are they expected to accept employment that is not comparable to their previous role. Instead, an employee who has had their employment terminated are expected to do what they can to find alternative, comparable employment. We recommend keeping a record of these efforts in case this becomes a barrier in reaching a settlement with your former employer.

If you have had your employment terminated and have concerns about your duty to mitigate, or you feel you may have been wrongfully dismissed in the COVID-19 era, please contact Toronto employment lawyers, Sultan Lawyers at 416-214-5111 or via email to mlahert@sultanlawyers.com.