Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Employment Law StrategistFeaturesKickerLJN NewslettersNewsSections

How to Determine a Diligent Job Search

By Rona Wexler
August 02, 2015

Enter the term “Employability” into the search engine of any legal database, and you find that the issue arises in a broad array of matters. It is a frequent factor in matrimonial matters, particularly with respect to spousal maintenance and child support, and in tort and employment cases with respect to mitigation of damages. Referring to such matters, if a plaintiff in a discrimination case or a recipient spouse in a divorce action, is unemployed or under-employed and seeking compensation or maintenance, that party's employability must be ascertained in order to determine a fair and just award. Frequently, this requires consultation with, or testimony by, a vocational or employability expert.

When evaluating a party's assertion of limited income potential, courts will take relevant factors into consideration, including the efficacy of that party's efforts to secure full employment. Practitioners must consider what will persuade the court that a client (or opposing party) has, or has not, conducted a diligent search for work. Evidence of a party's willingness to work lends credibility to arguments regarding employability or its limitations, while a credible showing of a person's lack of effort toward full employment can undermine a claim. Either result affects imputation of income in matrimonial matters.

This premium content is locked for Employment Law Strategist subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.