This court recently held in Howard v. Benson that an employee under a fixed term contract whose employment is terminated without cause has no duty to mitigate. The court stated at para. 39 that where a contract provides either expressly or by implication for a penalty for early termination of the contract, that is the amount that is payable with no duty to mitigate, and in a fixed term contract of employment, absent a provision that provides otherwise, the penalty for early termination is “by default the wages and benefits for the unexpired term of the contract”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.