If an employee fails to mitigate, the court may reduce any award for damages that the employee would have otherwise been entitled to. (zeilikmanlaw.com)
In practical terms, this means a plaintiff may be found 40 % comparatively negligent, but a jury can reduce the award by 50 % in weighing the equities. (peter-thompson-associates.com)
The jury's decision to reduce the award in this context does not mean that a plaintiff is actually 50 % at fault. (peter-thompson-associates.com)