The Mitigation Defense Tool Your Employment Case May Need

Law360 (December 2, 2019, 2:44 PM EST) -- Recently, we have discovered that many employment litigators, and the employers they represent, struggle with how to mount an effective mitigation defense. We have found that even experienced litigators and sophisticated companies can have a bit of a blind spot when it comes to how to construct a compelling argument that the plaintiff has failed adequately to mitigate damages.

This mistake can prove costly at trial. But hiring a vocational expert who can explain how and why the plaintiff unreasonably failed to make a good faith effort to obtain employment may help to avoid the issue.

Lawyers who have not tried many...

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