You have been dismissed improperly by your employer. You have retained a lawyer, and have started a wrongful dismissal lawsuit. In most situations, you will be subject to a legal duty to “mitigate your damages” (i.e. lessen your losses) by conducting a reasonable search for comparable, alternative employment. While you wait for your lawyer to move your lawsuit forward, what steps can you be taking to strengthen your legal position?
The following tasks are ones which you should attempt to perform in order to maximize either the settlement (which your lawyer may negotiate with the other side) or the court's award of damages to which you may be entitled:
-
Immediately obtain a reasonably comprehensive letter of reference from your (former) employer to assist in your search for alternative employment.
-
Document fully your ongoing job search efforts. Keep copies of all letters of application mailed out. Prepare a detailed list ( a “Job Search Diary”) of all the people with whom you have spoken about employment possibilities (including date contacted, response received, and any follow-up measures taken). Keep copies of all advertisements and job postings to which you have applied.
-
List yourself with personnel placement firms , if possible.
-
Compile a list (together with corresponding receipts) for all expenses incurred in your job search (for example: transportation costs (gasoline, mileage, cab fare, parking etc); postage; and printing costs for resumes).
-
If you are suffering from anxiety or depression as a result of your job loss, make an appointment with a medical doctor. Ask the doctor what effect the manner of your recent dismissal has had on your mental state. Make follow-up appointments, if directed to do so by your doctor, and be sure to keep those appointments.
-
Keep receipts for all medical prescriptions , as well as for other health expenses which would have been covered by your employee benefits plan had you not been wrongfully terminated (for example: dental fees; prescription eye ware costs; and chiropractic fees).
-
Try to remember that when engaging in litigation, patience is a virtue. As your lawyer will advise you, it may take a number of months before your action is settled, or a number of years before your action goes to trial.
Note: The information contained in this article is issued to provide general information only. It is not intended to provide legal advice and should not be acted upon without consultation with professional advisors.
