Legal & Regulatory · Employment
Mitigation, in dollars.
If a court finds you were owed reasonable notice, the damages are usually reduced by what you earned, or reasonably could have earned, in the meantime. This calculator handles the first half: it deducts earnings you actually received from a new job during the notice period.
In Ontario the employer carries the onus of proving you failed to take reasonable steps to find comparable work (Beatty, 2015 ONCA 247, para. 13).
Inputs
Damages after mitigation
Enter the notice period and pay, then press Calculate.
What this calculator does and does not do
It multiplies the notice period by old pay plus lost benefits, subtracts what the new job paid during the months the notice period was still running, and subtracts anything the employer already paid. Earnings after the notice period ends are ignored. The result never goes below zero.
It does not decide whether your job search was reasonable, whether a lower-paying role should be treated differently, or what search costs can be claimed. Those are legal questions that turn on evidence.
The legal frame
In Evans v. Teamsters Local Union No. 31 (2008 SCC 20) the Supreme Court held that, in some circumstances, a dismissed employee must mitigate by returning to work for the same employer, but not where that means working in an atmosphere of hostility, embarrassment or humiliation; reasonableness is judged objectively. Matthews v. Ocean Nutrition (2020 SCC 26) dealt with a lost incentive payment as part of notice damages, subject to mitigation.
Frequently asked questions
Who has to prove I failed to mitigate?
The employer. In Beatty v. Best Theratronics (2015 ONCA 247, para. 13) the Court of Appeal noted the onus was on the employer to prove the employee failed to take reasonable steps to find a comparable position suited to his abilities.
Do I have to accept a job offer from my former employer?
Sometimes. Evans v. Teamsters (2008 SCC 20) says a dismissed employee may have to mitigate by returning to the same employer in some circumstances, but not if that would mean working in an atmosphere of hostility, embarrassment or humiliation. Reasonableness is assessed objectively.
Does a new job end my claim?
Not automatically. Earnings during the notice period reduce the damages, but a new job that pays less or starts after the notice period can leave a balance. The calculator shows the arithmetic for your numbers.
Are lost bonuses and incentive pay included?
They can be. Matthews v. Ocean Nutrition (2020 SCC 26) addressed whether notice damages include a lost long-term incentive payment. Put a monthly value into the benefits field if you want to model it, and get advice on whether your plan wording matters.
Sources
Verified 16 October 2026. Every rate, rule and case cited here was read on the official page or court decision listed below.
Not legal or tax advice
This models arithmetic only; whether you mitigated reasonably is for a court. Employment law differs by province and by contract, and outcomes depend on evidence. If a lot of money or a signed release is involved, speak to an employment lawyer (many offer short free consultations) before you sign or send anything.