Yes. Even if you plan to take legal action against your former employer, you have to try to (1) find another job and (2) accept a job offer for a similar position. This is called mitigating your damages.

Yes. If you really try to find a similar job and do not say no to a job offer for a similar job, you should still be able to get your lost wages.

If you do find a new job, your new pay will be taken out of any back pay you win.

For example, if you used to make $50,000 a year and are out of work for three years before your case is decided, you can ask for $150,000 in back pay.

If you try to find another job but are not able to, you can still ask for $150,000 in back pay.

$150,000 (Lost wages)
– $0 (Mitigation)         
$150,000 (Total back pay)

If, after one year of looking, you find another job that pays $40,000, then you can ask for

$60,000 in back pay.
$150,000 (Lost wages)
 $80,000 (Mitigation of $40,000 x 2 years)
$70,000 (Total back pay)

It may feel unfair, but the reason for this rule is that even if your employer did something wrong in firing you, it should not have to pay you to “do nothing” and wait to collect from the lawsuit if you could be working.

No. You don’t need to take a job that pays a lot less than your former position, or one that is not similar. You should carefully think about your options before you turn down a job that is similar to your former one, even if it is not exactly what you were looking for in terms of work or pay. At some point, a court might expect you to take a job that you are qualified to do, even if it is different and pays less.

Maybe. If you are thinking about mitigating your damages by going to school or starting your own business, you may want to talk to an employment attorney to make sure that you are protecting yourself.

Maybe. Your former employer has to show that you did not mitigate your damages. But you will be in a much stronger position if you can show that you tried to find another job. Juries like to see plaintiffs show that they wanted to work.

There are two things you should do:

1. Keep a job search log to keep track of all the jobs you applied for. During your lawsuit, you will be asked what you did to try to find another job.
2. Keep copies of your job search documents, such as applications, emails with possible employers, cover letters, resumes, etc.

Yes. Lawsuits take time, so it may be a few years before you have to answer questions about your job search. If you keep a log, will be able to show all the effort that you took and the details about each position even if you forgot about some of them.

There is no one-size-fits-all way to do it. The key is to use a system that works well of you. Some people like to use a paper journal, calendar, or planner. Other people like to use a computer file.

You may also want to use the example at the end of this FAQ.

Yes. Be sure to keep a copy of the report so you can easily get it in the future. Make sure it has all of your efforts.

Job Search Efforts: This is your log of all job applications.

Include the date you sent your application, letter or first conversation; the company you applied to; the position applied for; all emails, phone calls, interviews, tests you did with

the company; whether you got an offer and if you said no to it (include why said no); and whether you have any paperwork about the application.

Additional Job Search Efforts: This is your log of all other job search efforts including networking, registering with employment agencies or services, posting resumes on online job boards, etc.

Include date of effort; type of effort; communications; what happened; and whether you have paperwork showing you did it.

Remember that in a lawsuit, you will have to show a copy of your log. For this reason, it

is very important that you are honest about your log. It is also very important that you are careful about what you write as a judge or jury might read the information in your log.