top of page

Duty of Discharged Employee to Mitigate Damages

Feb 26, 2013

Discharged employee’s duty to mitigate damages.

The general rule as to mitigation of damages in breach of employment suits is that the discharged employee must use reasonable diligence to mitigate damages by seeking other employment. The correct measure of damages for wrongful discharge of an employee is the present cash value of the contract if it had not been breached, less any amounts that the employee should in the exercise of reasonable diligence be able to earn through other employment. See Gulf Consol. Int'l, Inc. v. Murphy, 658 S.W.2d 565, 565-66 (Tex. 1983).

Copyright © 2023 The Dietrich Law Firm

The Dietrich Law Firm is a professional limited liability corporation.

Website Design by Payton Campbell. 

  • LinkedIn
  • Facebook

River Oaks Tower

3730 Kirby Drive, Suite 1175

Houston, Texas 77098

Email: info@dietrich-law.com
Tel:  713.830.7687

Fax: 713.893.6044

Privacy Policy | Disclaimer

bottom of page