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.

On-Demand: January 31, 2025

2 hour CLE

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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.

This course is co-sponsored with myLawCLE.

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

Closed-captioning available

Speakers

Michael Cohen_FedBarMichael 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_FedBarBrian 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

Credits

Alaska

Approved for CLE Credits
2 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
2 General

Arkansas

Approved for CLE Credits
2 General

Arizona

Approved for CLE Credits
2 General

California

Approved for CLE Credits
2 General

Colorado

Pending CLE Approval
2 General

Connecticut

Approved for CLE Credits
2 General

District of Columbia

No MCLE Required
2 CLE Hours

Delaware

Pending CLE Approval
2 General

Florida

Approved via Attorney Submission
2.5 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Approved for CLE Credits
2 General

Hawaii

Approved for CLE Credits
2.4 General

Iowa

Pending CLE Approval
2 General

Idaho

Pending CLE Approval
2 General

Illinois

Approved for CLE Credits
2 General

Indiana

Approved for Self-Study Credits
2 General

Kansas

Pending CLE Approval
2 Substantive

Kentucky

Pending CLE Approval
2 General

Louisiana

Pending CLE Approval
2 General

Massachusetts

No MCLE Required
2 CLE Hours

Maryland

No MCLE Required
2 CLE Hours

Maine

Pending CLE Approval
2 General

Michigan

No MCLE Required
2 CLE Hours

Minnesota

Approved for Self-Study Credits
2 General

Missouri

Approved for Self-Study Credits
2.4 General

Mississippi

Pending CLE Approval
2 General

Montana

Approved for Self-Study Credits
2 General

North Carolina

Pending CLE Approval
2 General

North Dakota

Approved for CLE Credits
2 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
2 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
120 General Minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
2 General

Nevada

Approved for Self-Study Credits
2 General

New York

Approved for CLE Credits
2.4 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
2 General

Oklahoma

Pending CLE Approval
2.5 General

Oregon

Pending CLE Approval
2 General

Pennsylvania

Approved for Self-Study Credits
2 General

Rhode Island

Pending CLE Approval
2.5 General

South Carolina

Pending CLE Approval
2 General

South Dakota

No MCLE Required
2 CLE Hours

Tennessee

Approved for Self-Study Credits
2 General

Texas

Approved for CLE Credits
2 General

Utah

Pending CLE Approval
2 General

Virginia

Approved for Self-Study Credits
2 General

Vermont

Approved for CLE Credits
2 General

Washington

Approved via Attorney Submission
2 Law & Legal

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
2 General

West Virginia

Pending CLE Approval
2.4 General

Wyoming

Pending CLE Approval
2 General

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