In Canada, former employees – who are the innocent party – are required to take reasonable steps to mitigate their damages in a wrongful dismissal case.

The onus of proving that the employee has failed to adequately look for work falls on the shoulders of the employer. However, practically speaking it is always best that the employee comply with their legal obligations by taking reasonable efforts when seeking alternative employment. Thus, for example, a person should be able to show documented proof that he or she is making an effort to find new employment, of a similar type. If the industry for reemployment in a similar type of career is challenging, it will be said to be a factor in favour of the employee’s argument that they were reasonable in mitigating their damages by changing careers to find new employment. Where a person obtains a benefit from the duty to mitigate, under the right circumstances that benefit may be deducted from common law damages due in lieu of reasonable notice.

Thus, where another company in a similar position hires a person, but the salary pays less but is not substantially inferior, he or she would only be entitled to damages that are the difference between the two salaries. It will be the responsibility of the employer to show that the employee failed to attempt to mitigate his or her damages. This would be done by the employer showing that the employee did not take reasonable steps to secure a comparable position.


How can Zeilikman Law help?

If you need legal counselling or have questions regarding how to mitigate your damages, please contact Zeilikman Law to set up a consultation and discuss your concerns.

At Zeilikman Law, we approach these issues with logical and creative solutions. Our lawyers are, professional, friendly, and determined. We have the know-how to navigate through the psychology of any given dispute.

Request a consultation or call us at 905-417-2227.

Legal Receptionist

Zeilikman Law is an employment law firm located in Vaughan, Ontario. We are looking to hire a legal receptionist to join our firm. Preference will be given to candidates who have experience working as a receptionist at another law firm.

Location: Vaughan, Ontario.

Start Date: Immediately.

Hours: Monday to Friday, 9 am to 5 pm. Full time. In-person only. This is not a remote work position.

Wages: 35,000 to 40,000 per year.

Duties and Responsibilities:

  • Manage our firm’s multi-line telephone system to receive incoming calls.  Screen incoming telephone call inquiries to determine the nature of the telephone call and provide standard information related to our legal services.  Take and deliver messages and route incoming telephone calls to the appropriate staff person.
  • Answer general inquiries coming from the firm’s social media and website email.
  • Welcome in-person visitors upon arrival.  Direct visitors to the appropriate staff person and / or office or boardroom.
  • Organize in-person visitor schedule to prevent overlap and multiple bookings.
  • Receive, sort, and distribute daily mail and deliveries.
  • Arrange for couriers.
  • Keep front reception, kitchenette area and boardroom tidy.
  • Perform various clerical duties such as filing, photocopying, and faxing on an as-needed basis.
  • Process client or other payments.
  • May be asked to run minor errands outside of office such as attending post office to arrange a courier or pick up mail.
  • May be asked to assist other law clerks or lawyers of the firm as required and as appropriate.
  • Any other basic administrative duties or tasks as deemed appropriate.

Required Skills:

  • Basic knowledge of general office procedures including filing, faxing, and printing and copying.
  • Basic word processing computer skills.
  • Proficient in receptionist and telephone practices, etiquette, and decorum.
  • Professional attitude and appearance.
  • Excellent organizational skills.
  • Positive customer service attitude is a must.
  • Must be able to maintain confidential and sensitive information.

Education and Experience:

  • Highschool diploma or equivalent.
  • 1 – 2 years’ experience in an office setting with an emphasis in accounting, reception or clerical work is required.   We would prefer experience in a law firm environment.

Applications for this position should be sent via email to jennifer@zeilikmanlaw.com. All applications should include a cover letter, resume and at least two references. Only successful candidates will be contacted.