The Duty to Mitigate in Employment Termination Cases: Strategies for addressing challenges in litigation

Michael 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 | 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.

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