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Wrongful Termination Lawyer: Protecting Your Rights in the Workplace
May 11, 2025 Leslie Smith

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:
Avoid signing documents during the termination meeting
Request time to review any offered packages
Take detailed notes about what was said
Collect personal belongings and work-related documents
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
Myth: You must accept the first offer presented
Reality: Initial offers are typically negotiableMyth: Only written contracts matter
Reality: Verbal promises and past practices can create enforceable rightsMyth: 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.
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