Burlington Employment Lawyers
Lost Your Job? Need a Burlington Employment Lawyer?
David Ertl, one of the leading Burlington employment lawyers, has served the community for almost 20 years, representing employees who have faced workplace issues such as wrongful dismissal, constructive dismissal, terminations with cause, layoffs, harassment, bullying, and discrimination.
We Serve Burlington and the GTA
We represent clients throughout Ontario including Burlington and the GTA:
Toronto • Mississauga • Newmarket • Richmond Hill • Markham • Vaughan • Ajax • Whitby • Oshawa • Oakville • Clarington
About Ertl Lawyers – Burlington Employment Lawyers
Free Consultation With Burlington Employment Lawyers
As a first step, we offer a free phone consultation with a legal professional. During that phone call we will provide our initial thoughts on your matter, including whether we would be able to help and how much our services cost. We do not review documentation during the free initial phone discussion. If you want us to review documents such as employment agreements, termination letters, variable incentive plan documents, non-solicitation agreements, etc., we charge a flat fee. Call us today to discuss your matter.
Contingency Fees Available [Don’t Pay Unless We Improve Your Severance Pay]
In most cases, we offer contingency fees for wrongful dismissal cases. This means that our fee is based on the improvement we make to your severance package. However, some clients prefer fixed/flat fee billing.
Work With One of the Leading Burlington Employment Lawyers [Not A Junior Lawyer]
David Ertl is a highly skilled and experienced lawyer with an outstanding track record of more than 20 years in practice. He has successfully represented employees of all levels, ranging from c-suite executives to general laborers. Throughout his career, David has confidently negotiated thousands of severance packages and has recovered millions of dollars in wrongfully withheld severance pay.
When dealing with employment law, it is imperative to entrust your case to a highly skilled and experienced lawyer. Settling for a junior or inexperienced lawyer who only occasionally practices employment law may not yield the desired results. David Ertl is a expert in this field, and his expertise and experience can help you navigate the complex legal aspects of employment law with confidence.
What You Need To Know Right Now About Your Termination
1. Severance Offer “Deadline”
In circumstances where an employer extends a severance package offer with a specified deadline, it is crucial to note that the initial proposal may not be the most advantageous. Premature acceptance could result in a forfeiture of a significant portion of severance pay. Conversely, in cases where a job offer is presented with a deadline, it is imperative to recognize that the time constraint has no bearing on entitlements. However, if uncertainty regarding the deadline arises, petitioning the employer for an extension to consider the offer is feasible. Although rare, there may be instances where employers are unable to grant such an extension. Taking this course of action can alleviate anxiety and allow ample time to seek guidance from Burlington employment lawyers.
2. Your Employment Contract Should Be Reviewed By Burlington Employment Lawyers
We understand that losing your job can be a difficult experience. If you find yourself in this situation, please keep in mind that your employment contract may outline the amount of severance pay you are entitled to receive. However, there may be some instances where the agreement is not legally binding, meaning that you might be eligible for additional compensation beyond what is mentioned in the contract. To help you navigate this process, we recommend seeking advice from an employment lawyer in Burlington. Please do not hesitate to contact us for assistance. We are always here to help you.
3. Calculating Severance Pay
It’s worth noting that there are no strict rules that limit your severance entitlements to two weeks per year of employment.
In Ontario, the amount of severance pay you receive is determined by multiple factors, including employment agreements, legislation, and common law. The common law severance pay is primarily based on your age, length of service, job type, and employability.
We’ve developed a severance pay calculator to help you estimate your potential severance pay. You can then discuss the results with employment lawyers in Burlington to help you understand your options and make informed decisions.
4. Limitation Periods
With few exceptions, a terminated employee has two years from termination to claim full severance pay from their employer. If you have any questions, consult with us, Burlington employment lawyers.
5. Ontario Ministry of Labour Complaint vs. Burlington Employment Lawyers
It’s worth noting that if you require assistance with common law severance pay, it’s best to seek guidance from sources other than government ministries such as the Ministry of Labour. While they can provide valuable advice on your minimum entitlements as per the Employment Standards Act, they may not be able to provide you with information on your maximum entitlements under common law. As such, it may be helpful to explore other resources to ensure you receive comprehensive and accurate guidance.
If you are considering filing a complaint with the Ontario Ministry of Labour to receive your minimum severance pay, it’s important to understand that this may limit your ability to pursue your maximum severance pay under common law. However, there are opportunities to improve your chances of receiving the severance package you are entitled to. Seeking assistance from experienced employment lawyers in Burlington can provide you with the guidance and support you need to make informed decisions and maximize your compensation.
6. Terminations with “Just Cause”
If you’re terminated by your employer for “just cause” and aren’t given any severance pay, it’s essential to remember that your employer’s argument is not necessarily valid. Employers must prove severe misconduct, such as theft, to deny severance pay for “just cause.” If you feel that your employer is unfairly withholding your severance pay, it’s crucial that you assert your rights and seek professional assistance.
After being terminated from my employment after 20 years, I found Ertl Lawyers and called for the free consultation. I learned a lot about my options on that call and felt confident in their ability to get me a better severance package. David was able to get me more than I thought possible and I couldn’t be happier with my decision to use Ertl Lawyers.
– T.K., BURLINGTON
Severance Pay Calculator
Free Employment Guides by Burlington Employment Lawyers
6th edition This guide provides information on common severance pay issues, including:
✓ Responding to the employer “deadline”
✓ Key mistakes to avoid
✓ Lump sum vs. salary continuation
✓ “Short service” employees
✓ Employees 45 years and older
6th edition This guide provides information on “cause” terminations, including:
✓ What is cause?
✓ Why the employer is probably wrong!
✓ Factors that really matter
✓ Can I still get E.I.?
✓ Bad references
6th edition This guide provides information on constructive dismissal, including:
✓ 20 common “constructive dismissals”
✓ Whether you should resign
✓ What happens to my E.I. benefits?
✓ Layoffs!
✓ The “toxic” work environment
6th edition This guide provides information on discrimination and harassment in the workplace, including:
✓ Types of discrimination
✓ Types of harassment
✓ Bill 168
✓ Remedies
✓ Tribunal vs. court
Example Cases Won by Ertl Lawyers: Burlington Employment Lawyers
In Drysdale v. Panasonic Canada Inc., 2015 68678 (CanLII), David Ertl of Ertl Lawyers, represented an employee who was terminated from Panasonic. David was able to get his client, a warehouse employee, 22 months of severance.
Burlington Employment Lawyers: Videos
How Much Severance Am I Entitled To?
How Age Affects Severance Pay
Severance Pay if You’re Over 45
Burlington Employment Lawyers: Blog Posts
Pay Cut Laws: Can My Employer Reduce My Wages in Ontario?
The answer is yes; an employer can reduce your wages in Ontario, as they can in other Canadian provinces. Employers are allowed to make minor changes to your employment, including small reductions in your pay (with exceptions). They can also make significant changes...
The Right to Disconnect in Canada: Everything You Need to Know
On December 2, 2021, the Ontario government amended the Employment Standards Act, 2000, (ESA), when it passed Bill 27, known as the Working for Workers Act, 2021. The amendment made headlines primarily because it was purportedly giving Ontario workers the “right to...
What is a Performance Improvement Plan & What Does it Entail?
A performance improvement plan (PIP) can be a legitimate management tool used to help employees shore up deficiencies in their speed or quality of work, or to address any behaviour-related concerns. It can also be used as an excuse to fire an employee for cause when...
How Much Is Your Severance Pay?
Common law severance pay is different for everyone and depends on such things as your age, length of service, the type of job you had, and the number of available jobs in the marketplace. Consult with Ertl Lawyers today to understand your rights and to make sure you don’t leave anything on the table.
Burlington Employment Lawyers