An employee alleging unlawful discharge is under affirmative duty to seek comparable employment to mitigate the respondent employer's potential back-pay liability while awaiting a final determination of the merit of the ULP charge.

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This statement is true. The duty to mitigate damages is a legal principle that requires a claimant to take reasonable steps to minimize their losses and must be applied to back-pay liability in cases of unlawful discharge. In the context of ULP charges, the National Labor Relations Board (NLRB) has consistently held that an employee alleging unlawful discharge has an affirmative duty to seek and accept comparable employment if offered, as a failure to do so will reduce the amount of back pay an employer may owe if the charge is ultimately found to have merit.

An Employee Alleging Unlawful Discharge Is Under Affirmative Duty to Seek