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Employers are getting creative with the duty to mitigate for constructively and wrongfully dismissed employees as they search for savings in a tough market, say lawyers in the field.

Richard Worsfold, a partner at Basman Smith LLP, says employers will muddy the waters for terminated employees by offering alternative positions at the same company or forwarding suitable openings with other companies.

“It plants the seed of doubt that the court could find they have not properly mitigated their damages”, he says.

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This article originally appeared in the November 12th, 2012 issue of Law Times.

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