When you've been wrongfully terminated, your first instincts might actually harm your legal case. As a wrongful termination lawyer practicing in Oakville, Ontario, I've seen countless employees unknowingly sabotage their claims through well-meaning but damaging actions. Understanding these pitfalls can mean the difference between a successful settlement and a dismissed case.

The Social Media Trap That Haunts Wrongful Termination Cases

Your social media activity becomes evidence the moment you're terminated. Employers and their legal teams routinely monitor former employees' online presence, searching for content that undermines wrongful termination claims.

Posting about your termination, even vaguely, can backfire spectacularly. Comments like "finally free from that toxic place" or "glad to be done with those idiots" suggest you weren't actually damaged by the dismissal. These posts can be screenshot and used against you in negotiations or court proceedings.

Photos from vacations, parties, or recreational activities during your notice period can also damage your case. If you're claiming emotional distress or inability to work, images showing you apparently enjoying life contradict your position. Even innocent posts about job searching can be twisted to suggest you're not properly mitigating your damages.

The safest approach? Avoid posting anything work-related and consider making your profiles private immediately after termination. Better yet, take a complete social media break until your wrongful termination lawyer resolves your case.

Mitigation Mistakes That Cost You Money

Canadian employment law requires terminated employees to mitigate their damages by seeking comparable employment. However, many people misunderstand this obligation, leading to costly errors that reduce their settlements.

Some employees believe they must accept any job offer, regardless of salary or suitability. This isn't true. You're only required to seek and accept reasonable alternative employment that's comparable to your previous position in terms of compensation, status, and working conditions.

Others make the opposite mistake by being too selective. Turning down reasonable job opportunities without valid justification can reduce your notice period and settlement amount. Courts expect genuine job search efforts, including applying to positions slightly below your previous role if necessary.

Documentation is crucial for mitigation. Keep detailed records of your job search activities, including applications submitted, interviews attended, and positions considered. This evidence protects you if your former employer claims you failed to mitigate properly.

Communication Errors That Weaken Your Position

How you communicate after termination significantly impacts your wrongful termination case. Angry emails or confrontational phone calls with your former employer create evidence of your emotional state and can be used to justify the termination decision.

Many terminated employees feel compelled to defend themselves or demand explanations. Resist this urge. Any communication should go through your wrongful termination lawyer to ensure it doesn't harm your case. Even seemingly innocent requests for information can be problematic if not handled properly.

Similarly, discussing your case with former colleagues can backfire. These conversations often get back to management and can be used against you. Colleagues might also be called as witnesses, and their testimony about your comments could damage your credibility.

The Rush to Sign Documents

Employers often pressure terminated employees to sign releases or settlement agreements quickly. They might claim the offer expires soon or suggest that waiting will result in a worse deal. Don't fall for these tactics.

Any document your employer wants you to sign after termination should be reviewed by a wrongful termination lawyer. These agreements often contain clauses that waive important rights or accept inadequate compensation. Once signed, these documents are extremely difficult to challenge.

Take time to understand what you're signing and ensure you're receiving fair compensation. A few days of review can save you thousands of dollars and preserve important legal rights.

Failing to Preserve Evidence

Evidence disappears quickly after termination. Company emails, documents, and computer files become inaccessible once your access is revoked. Performance reviews, correspondence with supervisors, and records of workplace incidents are crucial for building a strong wrongful termination case.

Before leaving the workplace, save important documents to personal devices or email them to your personal account. However, be careful not to violate company policies or take confidential information that doesn't relate to your employment relationship.

If you've already left without preserving evidence, document everything you remember about the termination circumstances, workplace issues, and relevant conversations. These notes can help your wrongful termination lawyer understand your case and identify additional evidence sources.

Getting Professional Help Early

The biggest mistake terminated employees make is waiting too long to consult a wrongful termination lawyer. Time limits apply to various claims, and evidence becomes harder to obtain as time passes. Early legal advice can prevent many of the mistakes outlined above and ensure you take the right steps to protect your interests.

At Leslie J Smith Law, located at 1540 Cornwall Rd #105, Oakville, ON L6J 7W5, I help clients navigate wrongful termination disputes while avoiding these common pitfalls. Don't let preventable mistakes destroy your case. Contact me at 905-257-7714 or contact us to discuss your situation and protect your rights.

Remember, your actions immediately after termination can significantly impact your case outcome. When in doubt, consult with a wrongful termination lawyer before taking any action that might harm your claim.

Disclaimer: This blog post is provided for informational purposes only and does not constitute legal advice. Every wrongful termination case is unique, and the information contained herein may not apply to your specific situation. The content should not be relied upon as a substitute for professional legal counsel. If you believe you have been wrongfully terminated, please consult with us to discuss the specific facts of your case and obtain advice tailored to your circumstances. Reading this blog does not create a lawyer-client relationship between you and Leslie J Smith Law.