Tag Archives: Back Pay

Employee Tip: Document Your Job-Hunting Efforts, If You Want to Legally Challenge Your Termination

If you are an employee, had your job terminated, and are even thinking you may bring a legal claim against your former employer some day, please know that you should keep documentation relating to your job search efforts.

You may ask, “What does my job-search or new employment have to do with what my old employer did?”  The answer: for most common employment claims (e.g. a claim your termination violated discrimination law), the offending employer can be held responsible for wages you lost (or “back pay”) from the date of your termination forward.  An offending employer could try to legally reduce or eliminate the back pay it has to pay you by claiming that you didn’t look hard enough for a new job (or that you “failed to mitigate damages” in legal speak).

To avoid this potential argument that you failed to mitigate damages or look hard enough for work, you should keep documentation of your job-hunting efforts to remove any doubt that you made reasonable efforts to find work.

What Documentation You Should Keep

To keep good documentation of your job-search efforts, you should:

  • Keep or record information about every prospective employer you contact (e.g. write down the prospective employer’s name, date of call/visit, what job position you inquired about, rate of pay, etc.).
  • Save copies of job-application-related documents (e.g. job ads you reviewed, applications you sent, cover letters, resumes, rejection letters, etc.).
  • Save copies of unemployment-related documents you have (e.g. Wisconsin’s Unemployment division requires that an unemployment claimant-employee contact at least two prospective employers per week, and to keep documentation to that effect).

If you keep these forms of documentation, you will be in a better position for any future legal claim against the employer who terminated your employment.

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Filed under Employee Tip - Considering a Legal Action, Employee Tip - Unemployment

Employee Tip: Do I Have a Case? Attributes of Good Employment Law Claims

Employees who feel wronged by an employer often want to know whether they may have a legal claim worth pursuing, i.e. “Do I have a case?”   This post will identify common attributes of good employee rights cases.

Please note this post does not provide legal advice- if you want legal advice, you should contact an attorney and discuss your specific circumstances. If you are interested in legal assistance from attorney-author Michael Brown or his law firm DVG Law Partner for your matter, please contact them here:

Generally speaking, an employee rights case is more promising, and more worthwhile to pursue, when several or all of the following factors are present:

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Filed under Employee Tip - Considering a Legal Action, Employee Tips - Unpaid Wages

Employee Tip: Things to Consider Before Filing a Discrimination Complaint at the Wisconsin ERD or EEOC

If you are an employee thinking of filing a discrimination complaint with the Wisconsin Equal Rights Division (ERD) or the Equal Employment Opportunity Commission (EEOC), there are several things you may want to consider before submitting the complaint.

Please note this post does not provide legal advice- if you want legal advice, you should contact an attorney and discuss your specific circumstances. If you are interested in legal assistance from attorney-author Michael Brown for your matter, you can contact Mr. Brown and his law firm DVG Law Partner here:

First, you can review ERD’s website here for information about Wisconsin’s discrimination law, the Wisconsin Fair Employment Act (WFEA), and about filing a complaint at ERD. You can also review EEOC’s information about filing a complaint (also called a “charge”) here. Continue reading

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Filed under Employee Tip - Considering a Legal Action