Challenges at Trial Posed by The Duty to Mitigate Damages in Employment Discrimination and Termination Cases
Scope of Duty, Proving Lack of Mitigation, Expert Testimony
Recording of a 90-minute CLE webinar with Q&A
This CLE course will address tips and tricks for Plaintiff’s and Defendant’s counsel presenting evidence at trial regarding Plaintiff’s mitigation of damages.
- Duty to mitigate
- Burden of proof
- Limitations on duty
- Similar job
- Compensation issues
- Evidentiary issues
- Proving plaintiff's efforts
- Expert testimony
- Arguing mitigation to the jury
The panel will review practical and legal matters including:
- What are the relevant sources of federal and state law regarding mitigation?
- Are there evidentiary steps a plaintiff can take to prove mitigation?
- What are the practical implications of Defendant’s burden regarding Plaintiff’s mitigation?
- How can a defendant strategically raise mitigation without seemingly admitting damages?
- Who can testify as to the adequacy of Plaintiff’s efforts to mitigate?
Lynn A. Kappelman
Ms. Kappelman began her practice as a commercial litigator, but since the 1990s, her practice has focused on employment... | Read More
Ms. Kappelman began her practice as a commercial litigator, but since the 1990s, her practice has focused on employment litigation, trials, class action discrimination cases, noncompetition, and trade secrets disputes. She has handled multiplaintiff and class action trials, as well as single-plaintiff trials and arbitrations in state and federal courts all across the country.Close
J. Thomas Spiggle
The Spiggle Law Firm
Mr. Spiggle founded Spiggle Law to help individuals facing difficult workplace issues. As a former prosecutor with... | Read More
Mr. Spiggle founded Spiggle Law to help individuals facing difficult workplace issues. As a former prosecutor with significant experience in high-level criminal cases, he is also uniquely qualified to represent individuals subject to workplace investigations and criminal prosecutions.Close