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Do continued earnings from a second or side job constitute mitigation income in the post-termination period?
Employment Law

Do continued earnings from a second or side job constitute mitigation income in the post-termination period?

By September 24, 2018 June 20th, 2019 No Comments

The applicable jurisprudence on mitigation makes it clear that following a wrongful dismissal, if an employee declines a job, then the monies that would have been earned through performing the rejected job may well be deducted from any damages ultimately obtained by the plaintiff. But what about earnings from a second job or a side job? When an employee consults on the side or has a side job that is continued into the post-termination period, will this count as mitigation income? 

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