When faced with wrongful dismissal in Quebec, many employees find themselves navigating not only the legal complexities of their case but also the financial and emotional aftermath. One critical yet often misunderstood aspect of such cases is the duty to mitigate damages. Understanding what this obligation entails and how it impacts both employees and employers can significantly affect the outcome of a legal claim.
What Is the Duty to Mitigate in Wrongful Dismissal?
Under Quebec law, employees dismissed without just cause have a duty to mitigate their damages. This means they are expected to take reasonable steps to find comparable employment to reduce their financial losses. Contrary to popular belief, this does not mean accepting any job offered but rather pursuing positions similar in nature, compensation, and seniority to the previous role.
Failure to mitigate can result in a reduction of compensation awarded in a wrongful dismissal claim. However, the onus is on the employer to prove that the employee did not fulfill their obligation.
Practical Steps for Employees
- Document Your Efforts: Keep records of job applications, interviews, and any other actions taken to find employment. These can serve as evidence in a legal dispute.
- Focus on Comparable Positions: Look for roles that align with your qualifications and previous experience. Accepting significantly lower-paying or unrelated work is not a requirement.
- Seek Support: Career counseling, networking, or professional recruitment agencies can improve your chances of finding a suitable position quickly.
Employer’s Perspective
Employers, when faced with a wrongful dismissal claim, can argue that the dismissed employee failed to mitigate their losses. To strengthen their case, they may present evidence that the employee:
- Refused reasonable job offers.
- Did not actively search for new employment.
- Delayed their job search unnecessarily.
Employers should be cautious in making such claims, as courts will evaluate whether the dismissed employee’s actions were reasonable given the circumstances.
Exceptions to the Duty to Mitigate
While mitigation is a general principle, exceptions do exist. These may include:
- Unique Roles: If the terminated position was highly specialized, finding comparable employment might not be feasible.
- Health Issues: Employees unable to work due to medical reasons are not required to seek new employment during their recovery period.
How OLS Can Help
Navigating the legal intricacies of wrongful dismissal requires expert guidance. At OLS, Labour lawyers in Montreal, our team is dedicated to ensuring employees understand their rights and obligations, while employers receive strategic advice to defend their interests. From drafting demand letters to representing you in court, we provide comprehensive support tailored to your situation.
If you’re facing a wrongful dismissal claim or need clarity on the duty to mitigate damages, contact OLS today. Your rights are our priority.
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