Duty to Mitigate After Termination in Ontario

After a without-cause termination in Ontario, you generally must make reasonable efforts to find comparable work. Income from a new job may reduce what the employer owes, depending on timing and the settlement.

This article is general information for Ontario employees. It is not legal advice about your situation.

Key Takeaways

• What mitigation means in practice
• How new income affects severance
• Common mistakes

What mitigation means in practice

Keep records of job applications, recruiter outreach, and retraining efforts. Mitigation must be reasonable, not perfect.

How new income affects severance

If you start comparable work during the notice period, the employer may argue an offset. Lump-sum settlements sometimes address mitigation differently. Review offers with counsel via contact.

Common mistakes

Waiting too long to job search, or accepting a much lower role without advice, can hurt your position. Balance mitigation with health and family needs realistically.