This Note will explore the effects and ramifications when the former employee chooses self-employment in an effort to mitigate the damages of the wrongful discharge. It will begin by providing an overview of the history of mitigating damages through self-employment, including an exploration of the different calculation methods used by courts. It will then discuss the current state of the law, relying heavily on cases decided under federal antidiscrimination statutes. Next, this Note will explore plummeting costs of self-employment due to the rise of the internet. Lastly, it will focus on possible ways to prevent former employers from essentially insuring against losses in the self-employed’s new venture, and then argue that the reasonable diligence standard may be too easy to satisfy. . .
