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Wrongful Termination Lawyer: Protecting Your Rights in the Workplace

May 11, 2025 Leslie Smith
Wrongful termination lawyer Leslie J Smith reviewing severance documents with concerned client

As a wrongful termination lawyer practicing in Ontario, I've witnessed countless employees make critical mistakes in the hours and days following job loss. These errors often significantly reduce their legal entitlements and future options. Before you sign anything after termination, there are crucial facts you should understand about your rights.

What Your Wrongful Termination Lawyer Recommends First

The moments immediately following termination are overwhelming. Emotions run high, and many employees feel pressured to make quick decisions. However, this is precisely when you should pause and consider your options carefully. As a wrongful termination lawyer, I recommend these immediate steps:

  1. Avoid signing documents during the termination meeting

  2. Request time to review any offered packages

  3. Take detailed notes about what was said

  4. Collect personal belongings and work-related documents

  5. Refrain from making statements about the termination to colleagues

Remember, what happens in these first moments can significantly impact your legal position moving forward.

Documents a Wrongful Termination Lawyer Will Flag

Release Agreements: The Most Dangerous Document

The most problematic document a terminated employee faces is the release agreement. This legal document typically requires you to waive all rights to future claims against your employer in exchange for a severance package. Many employers present these as "standard" documents, but a wrongful termination lawyer would advise you that:

  • These agreements often provide less than your legal entitlements

  • Once signed, they're extremely difficult to challenge

  • They frequently contain hidden clauses limiting future employment

  • The initial offer is rarely the employer's best offer

Employment References and Non-Disparagement Clauses

Another document requiring careful review is any agreement regarding employment references. These often contain restrictive non-disparagement clauses that can limit your ability to discuss your employment experience. A wrongful termination lawyer would examine these to ensure they don't:

  • Prevent you from explaining your departure to potential employers

  • Restrict your ability to file legitimate complaints

  • Create one-sided obligations that only bind you

How Wrongful Termination Lawyers Evaluate Severance

Many terminated employees significantly underestimate their entitlements. When reviewing a severance offer, a wrongful termination lawyer considers:

  • Your length of service

  • Your age and position

  • The availability of similar employment

  • Any promises made during your employment

  • Special circumstances of your hiring or termination

The statutory minimum severance under Ontario's Employment Standards Act is often substantially less than what you may be entitled to under common law. Without a wrongful termination lawyer's review, you might accept far less than you deserve.

Evidence Your Wrongful Termination Lawyer Will Need

Preserving evidence is crucial for building a strong wrongful termination case. Before leaving your workplace:

  • Save (but don't remove) relevant emails and documents

  • Document performance reviews and feedback

  • Note names of potential witnesses

  • Record details of the termination conversation

  • Preserve any evidence of discrimination or harassment

Remember that company devices typically must be returned, so don't rely on accessing them later. However, be careful not to take confidential or proprietary information, as this could create legal problems.

Wrongful Termination Lawyer's Timeline for Action

Many legal claims have strict timelines. In Ontario:

  • Human rights complaints must typically be filed within one year

  • Civil claims for wrongful dismissal generally have a two-year limitation period

  • Employment insurance applications should be filed immediately

Consulting with a wrongful termination lawyer promptly ensures you don't miss critical deadlines that could bar your claims entirely.

Common Misconceptions About Termination Rights

  1. Myth: You must accept the first offer presented
    Reality: Initial offers are typically negotiable

  2. Myth: Only written contracts matter
    Reality: Verbal promises and past practices can create enforceable rights

  3. Myth: You can't claim wrongful termination if the company is downsizing
    Reality: Even legitimate restructuring requires proper notice and severance

When to Contact a Wrongful Termination Lawyer

Ideally, you should consult a wrongful termination lawyer before signing any termination documents. However, if you've already signed, don't assume all is lost. Depending on the circumstances, there may still be options available.

At Leslie J. Smith Law, we provide comprehensive reviews of termination packages and strategic advice for employees facing job loss. Our experience as wrongful termination lawyers allows us to identify opportunities that might otherwise be missed.

Contact us at 905-257-7714 for a confidential consultation about your termination situation.

Remember, the actions you take immediately after termination can significantly impact your future financial security and career prospects.

Please fill out the form to begin a discussion with Leslie today:





Core Beliefs

I strive each day to live and work by one principle - treat others as I would want to be treated. In my practice, that translates into 4 key values:

I do what I say I will do and I am honest and transparent at all times with clients, staff, opposing counsel, the court and anyone else. I provide my clients with an honest assessment of their case. If I make a commitment to a client, I keep it. Integrity also means that my clients know before they retain me what my fee structure is. If a client appears unsure of whether or not to retain me or what to do, I tell them to go home and think about it first.

Integrity

Employees having difficulty at the workplace are often in considerable emotional distress when they arrive at my office. Employers can be as well. Employment issues involve human interactions, which necessarily involve emotions that sometimes need healing. I enjoy helping my employee clients think and feel differently about their situations. I also enjoy helping employers understand that their employees need to be treated with respect, dignity, kindness and fairness, no matter what is going on.

Compassion

I have an organized and logical mind that works like a trip hammer, especially in court. I can very quickly sort out the relevant facts and issues in order to resolve my client's cases efficiently. Excellence also means to approach matters with a large measure of practicality, always thinking about what is best for my client and their family and/or business. Finally, excellence also means behaving with civility. I have learned to be hard on the issues and soft on the people - a winning combination.

Excellence

I have also been blessed with discernment and intuition that allows me to often "know" what is really going on with my clients. Equally, my own life journey has led me through difficulties in personal relationships so I understand how upsetting a broken employment relationship is. My own struggles married with discernment and intuition allows me to treat my client holistically, not just legally. This is the thing that sets me apart from most other lawyers, so say my clients.

Wisdom