By Stuart Rudner ( May 19, 2026, 1:01 PM EDT) -- For employment lawyers, failure to mitigate is almost always pleaded by employers, yet rarely succeeds. It remains a frustrating part of wrongful dismissal litigation. Employees are often upset to learn that if they find new work, their income will usually be deducted from what their former employer owes them. Employers, meanwhile, are dismayed by the heavy evidentiary burden they face when alleging failure to mitigate....