Duty to Mitigate Damages in Employment Discrimination and Termination Cases: Challenges at Trial
Scope of Duty, Proving Lack of Mitigation, Expert Testimony
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will address practical and proven approaches for plaintiff and defense counsel presenting evidence at trial regarding the plaintiff's mitigation of damages.
- Duty to mitigate
- Burden of proof
- Limitations on duty
- Similar job
- Compensation issues
- Evidentiary issues
- Proving the 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 the defendant's burden regarding the plaintiff's mitigation?
- How can a defendant strategically raise mitigation without seemingly admitting damages?
- Who can testify about the adequacy of the plaintiff's efforts to mitigate?
Ms. Ladak represents employers from a variety of industries in all aspects of employment litigation, including wage and... | Read More
Ms. Ladak represents employers from a variety of industries in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, whistleblower, and breach of contract litigation, in both the single-plaintiff and class-action context. She also counsels clients in a wide range of labor and employment matters, including wage and hour issues, personnel policies and procedures, and employee discipline matters.Close
J. Thomas (Tom) 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