The Duty to Mitigate in Employment Termination Cases: Strategies for addressing challenges in litigation

Michael Cohen
Michael Cohen
Troutman Pepper Hamilton Sanders LLP

Michael Cohen is a labor and employment attorney in Troutman Pepper’s Raleigh office.

Brian Ellixson
Brian Ellixson
Troutman Pepper Hamilton Sanders LLP

Brian combines his labor and employment knowledge with his internal investigations experience to successfully represent clients in an array of matters, including employment discrimination, disability accommodation, leave, retaliation, trade secret, and restrictive covenant litigation.

Live Video-Broadcast: January 31, 2025
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2 hour CLE
Tuition: $195.00
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Program Summary

This program provides a comprehensive analysis of the duty to mitigate damages in employment termination cases, blending legal principles with practical strategies for addressing challenges in litigation. Participants will examine the legal framework governing the duty to mitigate, the burden of proof required, and how courts assess an employee’s efforts to secure comparable employment.

The discussion will also focus on practical challenges, including documenting mitigation efforts, employer defenses, and emerging legal trends shaped by recent case law. This session equips attorneys with actionable insights to advocate effectively for their clients.

Key topics to be discussed:

  • Legal Framework of the Duty to Mitigate
  • Burden of Proof: Employer vs. Employee Obligations
  • Evaluating Comparable Employment
  • Best Practices for Documenting Mitigation Efforts
  • Employer Defenses and Countering Claims
  • Recent Case Law and Emerging Trends

Date / Time: January 31, 2025

  • 1:00 pm – 3:10 pm Eastern
  • 12:00 pm – 2:10 pm Central
  • 11:00 am – 1:10 pm Mountain
  • 10:00 am – 12:10 pm Pacific

Closed-captioning available

Speakers

Michael Cohen_myLawCLEMichael Cohen | Troutman Pepper Hamilton Sanders LLP

Michael Cohen is a labor and employment attorney in Troutman Pepper’s Raleigh office. Michael focuses his practice on representing his clients in wage and hour class and collective actions, restrictive covenant and trade secret litigation, and wrongful termination actions.

 

Brian Ellixson_myLawCLEBrian Ellixson | Troutman Pepper Hamilton Sanders LLP

Brian combines his labor and employment knowledge with his internal investigations experience to successfully represent clients in an array of matters, including employment discrimination, disability accommodation, leave, retaliation, trade secret, and restrictive covenant litigation. He also counsels clients regarding trade secret protection, employee mobility, and wage and hour compliance.

Agenda

I. Legal Framework of the Duty to Mitigate | 1:00pm – 1:20pm

II. Burden of Proof: Employer vs. Employee Obligations | 1:20pm – 1:40pm

III. Evaluating Comparable Employment | 1:40pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Best Practices for Documenting Mitigation Efforts | 2:10pm – 2:30pm

V. Employer Defenses and Countering Claims | 2:30pm – 2:50pm

VI. Recent Case Law and Emerging Trends | 2:50pm – 3:10pm

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