back-to-top
hamburger-menu-icon
HOME Contact Us About Services » Employees » Employers » Workplace Investigations » Mediation » Arbitration Blog

Blog

Wrongful Termination Lawyer: Protecting Your Rights in the Workplace

November 9, 2024 Leslie Smith
wrongful-termination-lawyer-protecting-your-rights-in-the-workplace

Losing a job can be a stressful Experience

Losing a job can be a stressful experience, especially when it feels unfair. In Canada, wrongful termination occurs when an employer dismisses an employee without just cause, violating employment law. If you’ve been wrongfully terminated, a skilled wrongful termination lawyer can help you understand your rights, seek compensation, and hold your employer accountable. At Leslie J. Smith Law, we specialize in guiding employees through wrongful termination cases, ensuring they receive the fair treatment they deserve.

What Is Wrongful Termination?

Wrongful termination happens when an employer dismisses an employee in violation of their rights. This can include termination without just cause, without reasonable notice, or due to discriminatory practices. In Ontario, wrongful termination laws are outlined in the Employment Standards Act (ESA) and the Ontario Human Rights Code, which protect employees from unjust dismissal and discrimination.

Common Types of Wrongful Termination

A wrongful termination lawyer assists with various cases where dismissal is deemed unlawful. Here are some of the most common types:

  • Termination Without Just Cause: Employers must provide valid reasons for terminating employees. Dismissal without legitimate grounds, such as job performance or misconduct, can qualify as wrongful termination. In such cases, employees may be eligible for severance pay or compensation.
  • Dismissal Without Notice or Adequate Severance: In Ontario, employers must provide employees with notice or payment in lieu of notice when terminating them. Failure to do so may constitute wrongful termination. A wrongful termination lawyer can assess whether you received fair compensation and advocate for additional severance if required.
  • Discriminatory Dismissal: If an employee is dismissed based on protected grounds like age, gender, race, religion, or disability, this is considered discriminatory and may lead to a wrongful termination claim. Legal counsel can help you gather evidence and pursue justice in such cases.
  • Retaliatory Termination: Employers cannot terminate employees for exercising their rights, such as filing a complaint against workplace harassment or reporting unsafe working conditions. Termination in retaliation for these actions may be unlawful.

How Can a Wrongful Termination Lawyer Help?

Working with a wrongful termination lawyer provides employees with the support they need to navigate complex legal processes. Here’s how a lawyer can help:

  • Evaluating Your Case: An experienced lawyer will examine your termination circumstances, employment contract, and any relevant documents to determine if your rights were violated. They’ll advise on the best approach to secure compensation or reinstatement.
  • Representing You in Settlement Negotiations: In many cases, wrongful termination disputes can be resolved through negotiation. A lawyer can represent you in discussions with your former employer to secure a fair settlement.
  • Pursuing Legal Action When Necessary: If negotiations don’t lead to a resolution, a wrongful termination lawyer will advocate on your behalf in court, presenting a strong case to protect your rights.

Why Choose Leslie J. Smith Law?

With years of experience in employment law, Leslie J. Smith Law is dedicated to defending employees against unjust treatment in the workplace. Our expertise in wrongful termination cases ensures our clients receive personalized attention and reliable legal counsel.

Whether you’ve been terminated without cause, faced discrimination, or retaliatory dismissal, we’re here to help. We’ll fight for your rights, providing the guidance and support you need through every step of the legal process.

Contact Leslie J. Smith Law today at 905-257-7714 or email leslie@lesliejsmithlaw.com to schedule a consultation.


How an Employment Lawyer Can Protect Your Workplace Rights

October 18, 2024 Leslie Smith
Employment lawyer reviewing documents for workplace rights protection

Navigating workplace issues can be confusing and stressful.

Whether it’s wage disputes, harassment, wrongful dismissal, or understanding employment contracts, employees often feel powerless. This is where consulting an employment lawyer becomes essential. With expert knowledge of labour laws and legal procedures, employment lawyers help protect your workplace rights and ensure fair treatment throughout your career.

What Does an Employment Lawyer Do?

Employment lawyers advocate for employees by providing legal advice, negotiating settlements, and, if necessary, representing them in court.

Key Services an Employment Lawyer Offers:

1. Employment Contract Reviews:

Employment lawyers help identify unfair clauses in contracts, such as non-compete agreements or unclear termination policies.

2. Workplace Harassment and Discrimination Cases:

If you experience harassment or discrimination, an employment lawyer will guide you through the complaint process and build a strong case to protect your rights.

3. Wrongful Termination Claims:

Losing your job unfairly can be devastating. An employment lawyer assesses the termination circumstances and helps you secure appropriate compensation or reinstatement.

4. Wage and Overtime Disputes:

Employment lawyers ensure your employer complies with Canadian labour standards and that you receive the wages and overtime pay you are entitled to.

5. Severance Package Negotiation:

A lawyer will review your severance package, ensuring it aligns with employment law and maximizing your financial security during transitions.

When Should You Contact an Employment Lawyer?

If you're unsure about your workplace situation, it's wise to seek legal advice early. Common instances where an employment lawyer can help include:

  • You’ve been fired or laid off without cause.
  • You experience workplace harassment or bullying.
  • You receive a contract with unclear or restrictive terms.
  • Your wages or overtime are not paid according to the law.

Being proactive can prevent your employer from taking advantage of you or violating your rights.

How an Employment Lawyer Ensures Compliance with Canadian Laws

Employment lawyers are experts in Canadian workplace laws, such as the Employment Standards Act (ESA) and Ontario Human Rights Code. They also help you understand recent legal changes, ensuring your case aligns with current legislation.

Why Choose Leslie J. Smith for Your Employment Legal Needs?

With decades of experience and a commitment to safeguarding employees’ futures, Leslie J. Smith provides expert guidance on all employment law matters. From severance package reviews to wrongful dismissal claims, we ensure your rights are respected and protected. Contact us at 905-257-7714 or email leslie@lesliejsmithlaw.com for a consultation today.

If you’re facing workplace challenges, an employment lawyer can be your best ally. With the right legal representation, you can protect your rights and secure a fair resolution. Contact Leslie J. Smith - Employment Law & Dispute Resolution today to learn more about your legal options.

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