We work with employees at all levels, from senior executives to frontline staff.

If you’ve been wrongfully dismissed from your job, are experiencing harassment or discrimination, or even feel unsure about paperwork that your employer has asked you to sign, that’s what we’re here for. Book your consultation call where we’ll review over your relevant documents before your consultation so that we can provide you with legal expertise based on your unique situation.

common mitigation Questions

Find the answers you’ve been looking for.

Navigating any employment law issue can feel daunting when you’re doing it alone. We’re here to offer you the knowledge and adept guidance with Alberta’s Employment Standards Code. Find more answers in our Knowledge Centre.

If an employee is claiming wrongful dismissal or constructive dismissal, they must take all reasonable steps to secure comparable alternative employment to minimize the financial impact of their dismissal for themselves. This is referred to as mitigating damages.

While there’s no perfect standard for assessing mitigation, there are things employees are expected to do to demonstrate that they have made reasonable efforts to secure comparable alternative employment.

-Begin the job search right away. This is because damages are awarded based on how long the court believes it could take to find comparable employment, known as the notice period, not based on how long it actually takes. That means if an employee takes longer to find a job, they won’t necessarily be entitled to more in damages.

-Search for similar employment. This means searching for something that aligns with their current level of experience, expertise and standing within the same or similar industry. They are not expected to take a position outside their industry or well below their qualifications. 

-Document all job search efforts. This may be used to prove mitigation in the legal process.

Sometimes an employee may be required to mitigate their damages by accepting a reduced position with their former employer. In these cases, the court determines whether a reasonable person would have found continued employment with the former employer impossible given the specifics of the case.

The employer is responsible for proving a failure to mitigate by showing that the employee would have secured alternate employment had they taken reasonable steps in their job search.

If an employee advancing a claim for wrongful dismissal finds alternate employment within the period of reasonable notice, earnings from this new employment will be deducted from the award of pay in lieu of notice.

For example, if the court determines that an employee is entitled to $25,000 in reasonable notice damages,  any income the employee earned from their new job during that notice period will be deducted along with any court costs. The courts are not awarding reasonable notice damages to punish a former employer but rather are concerned with estimating, given all the relevant factors, how long it will likely take the employee to find a new job.

If a dismissed employee obtains a comparable new job, with a similar salary to their old one, immediately after being dismissed, it’s likely they won’t be entitled to any reasonable notice damages because they completely mitigated their loss. However, statutory pay under employment standards legislation may still be awarded.

Navigating the duty to mitigate can be difficult when an employee is faced with new job opportunities and uncertainty whether they are obligated to take a position or not. We can help navigate this with you in a way that leads to the best possible outcome.

how our clients feel

We’re proud of helping our clients find their best possible outcome.


Competent, Confident, Reasonable, Personable, Expedient, Understanding, Compassionate and a Knowledgeable Lawyer. Mike Cashion listened, empathized, advised, defended and obtained a successful result. You corrected an unfair situation. Thank you so much!


Mike did an excellent job settling my unique employment matters in a very timely and professional fashion! I highly recommend him for your legal needs! Thanks Mike!


[We] were so impressed with Mike’s professionalism, honesty and compassion. He was always very responsive and transparent throughout the whole process and provided solid advice. I highly recommend Mike to anyone needing advice with an employer concern and would hire him again if required! Mike is a true caring professional.


Michael Cashion was the best lawyer I could have hoped for. He always took the time I needed to understand every step of the process completely. His research was complete and thorough and he helped me to have a pleasant experience and outcome.

ACBS Accounting

He was very professional, compassionate and supportive. After hearing me out, he patiently explained the pros and cons of my case and my options to decide. His fees were reasonable and fully explained based on the legal options that I chose to pursue. My case was concluded to my satisfaction and peace of mind after two months of consultation with Mike. I highly recommend Mike and his firm. They are professional, knowledgeable and passionate about what they do.

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Frequently asked questions about mitigation

It’s crucial to seek legal advice as soon as possible to understand your rights and begin the mitigation process effectively. Book a consultation today.

Yes, proactive mitigation efforts can influence the amount of severance you receive by demonstrating your commitment to reducing financial losses.

If your employer disputes your mitigation efforts, our lawyers will assist in gathering evidence to demonstrate your reasonable attempts to find alternative employment and minimize financial losses. This helps support your case and ensure you receive fair compensation.

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Worried about high legal costs? We have a solution.

We offer flat-fee pricing on our legal services so that you have certainty in how much it will cost to move forward. That’s just one of the many ways we offer clarity at a time of uncertainty.

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We care about our clients.

We know that facing any type of workplace issue is difficult, so we offer professional guidance with empathy and compassion.


We bring clarity to the unknown.

We know that workplace issues are full of uncertainty, so we bring clarity to your situation, options, and costs whenever possible.


We believe in employee rights.

All individuals deserve fairness, respect, and dignity in the workplace, so we advocate for you and seek a fair outcome for your situation.

what we do

Unsure of your rights after a dismissal?
Struggling with a workplace conflict?

We can help mitigate the impact on your career and finances.

Wrongful Dismissal

When an individual’s employment is terminated without cause and without reasonable notice.

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Constructive Dismissal

When an employer breaches an essential obligation that is imposed by the employment agreement.

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Workplace Discrimination

When an employee experiences discriminatory treatment based on factors such as race, gender, or disability.

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Severance Packages

When an employer offers payment and benefits upon termination while also requiring signature on a release.

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Workplace Harassment

Failure of an employer or a co-worker to treat an employee with civility, decency, and respect.

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Non-Compete Clauses

An employer’s attempt to protect the business and limit an employee’s ability to work with a competitor.

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Termination for Cause

When an employee is terminated without notice or pay in lieu due to an act of serious misconduct.

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Contact us

Sometimes, you just need to take the next step.

If you’ve been struggling with a workplace issue, you’re in the right place and we’re here to help. Booking a consultation is the first step.