Since the employers will have lawyers to defeat your claim, you must be prepared to show what efforts you have made. This means you need a written record. You need to keep copies of any letters or resumes written, and any newspaper or magazine advertisements for jobs that you pursue. Keep your unemployment documents, as those papers also contain a listing of employers that you contacted in your search for work.
It is important to keep a written record of all your efforts to get a new job. You can keep this record in a diary or log entries in a book or pad. If you use a computer, be sure to keep backup copies. Share your mitigation record with your lawyer. Your lawyer can review it to give advice about whether you are recording enough activities. For each entry in your record, include the following:
The date of each activity
The name and address of the prospective employer you contacted
The position you applied for
The names of people you met
The outcome - including whether you met the job requirements, got an interview, got an offer, leads on other jobs, or some other outcome
You can also record your registry with the state employment agency, the newspapers you read, and other efforts you make to get new employment.