Mitigation is often a hot topic among plaintiff and defendant lawyers. The theory set out by case law long ago is simply that in that absence of an employment contract when terminated, an employee is required to take all reasonable steps to mitigate his or her losses by locating or attempting to locate alternate employment. The burden shifts upon the employer to prove that the employee has failed to mitigate his or her losses. What happens when both the employer and employee agree by written contract that a payout in lieu of notice will be paid upon termination? Does an
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