When deciding whether to take your case, the first thing a Bronx workplace discrimination attorney may ask is what efforts you’ve made to mitigate your damages. This article briefly describes mitigation requirements.
What Is the “Duty to Mitigate”?
As your Bronx workplace discrimination attorney can explain, the “duty to mitigate” means that you must make reasonable attempts to find similar work while waiting for your discrimination claim to play out. While you may not have to change careers or take just any job that comes along, you cannot simply sit back hoping to accumulate back pay from the job you lost or were unfairly denied. A Bronx workplace discrimination lawyer can help you understand what your job search should entail.
What Happens If I Don’t Look for Other Work?
- If you do not make efforts to mitigate your damages, a Bronx workplace discrimination attorney may not be able to take your case.
- If you do not make reasonable efforts to find other work, you will lose your ability to seek back pay as part of your employment claim. Even if a court ultimately sides with you on the discrimination claim, they could still find in favor of the employer if you never looked for other work in the meantime. A Bronx workplace discrimination lawyer can explain the legal consequences of this in further detail.
How Do I Show Evidence of My Job Search?
As your Bronx workplace discrimination attorney can advise you, it is imperative that you document all of your attempts to find work. Make sure to keep copies of the following:
- your resume
- employment ads you have found (newspaper clippings, online printouts, internet searches etc.)
- letters, notes and emails to and from potential employers or headhunters
- all notes from people you have contacted about finding work, including friends, family members, and co-workers
A Bronx workplace discrimination attorney can suggest other ways to document your search too.
Contact Us for Legal Assistance Today
Consult with an experienced Bronx workplace discrimination attorney at the Law Office of Delmas, Costin Jr. at (718) 618-0589 for more information about mitigation and how best to preserve your employment claim.