Written by: Irvin Schein

As most people recognize, unless there exists an employment agreement that says otherwise, an employer is entitled to fire an employee with reasonable notice or pay in lieu of reasonable notice.

If an employee is fired without notice or pay in lieu thereof, the termination is wrongful and in breach of the employment agreement between the employer and the employee.  The employee may sue for damages for wrongful dismissal.

Most people are also aware of the fact that in such circumstances, the terminated employee has an obligation to mitigate his or her damages by making reasonable efforts to find alternate employment.

The situation becomes particularly interesting where the former employer offers the former employee re-employment at the same or a related company.  Is the employee obliged to accept such an offer in mitigation of his or her damages?

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