Alaska Employment Law

Almost every employment case eventually results in a side battle over mitigation of damages:  Has the terminated employee done a reasonable job of trying to find new employment?  Plaintiff lawyers tell new clients that they must look for work, and advise them to keep track of their efforts to find work.  Management-side lawyers routinely insert an affirmative defense of failure to mitigate.  The problem is that these actions typically occur many months after the employee lost the job. 

What would happen if employers gave job-search advice with the notice of termination?  The employer could identify state and private job agencies (Job Service, temp agencies, resume-writing services, etc.), and sources for job listings (local newspaper, Craigslist, Monster.com).  The employer could also advise the ex-employee of the value of maintaining a journal of all efforts to find work and keeping copies of applications.   

What are the benefits and downsides?  At least some terminated employees might sooner find substitute work, thus minimizing the impact of the firing on them and their families, as well as lessening the employer’s possible liability.  One downside might be employer gaming of the situation - packing the letter to the ex-employee with self-serving statements (”A reasonable job search includes . . . .”).   If the matter proceeded to litigation, the court would likely have to do some redactions if it admitted the letter.

Could the fired employee do something similar?  Send the employer a letter saying, in essence, “If you learn of any work that I can do, please provide me specifics in a timely manner”?