Hamilton Employment Lawyers
Lost Your Job? Need a Hamilton Employment Lawyer?
David Ertl, one of the top Hamilton 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.
Hamilton Employment Lawyers – Serving Hamilton and the GTA
We represent clients throughout Ontario, including Hamilton and the GTA:
Toronto • Mississauga • Newmarket • Richmond Hill • Markham • Vaughan • Ajax • Whitby • Oshawa • Oakville • Clarington
Some Things You Should Know About Ertl Lawyers
Free Consultation With Hamilton Employment Lawyers
We are happy to offer you an inititial free phone consultation with no obligations or commitments attached. We take pride in our consultation service, and our clients have even given us five-star Google reviews for it. During the consultation, we will listen carefully to your employment issue, provide an initial analysis, and discuss your options. Please note if you would like us to review documentation (such as employment agreements, job offer letters, termination letters, releases, bonus plan documents, non-solicitation agreements, etc., we charge a reduce rate flat fee for this). 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.
You Will Work With a Leading Hamilton Employment Lawyer [Not A Junior Lawyer]
David Ertl is a highly experienced lawyer with a successful track record of over 20 years in practice. As one of the leading Hamilton employment lawyers, he has represented employees of all levels, including c-suite executives, managers, licensed professionals, salespersons, tradespersons, and general labourers. Throughout his career, he has effectively negotiated thousands of severance packages and recovered millions of dollars in wrongfully withheld severance.
When dealing with employment law, it is crucial to entrust your case to a seasoned lawyer. Avoid settling for a junior or inexperienced lawyer or one who only occasionally practices employment law. David Ertl’s expertise and experience in this field 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”
If you have been offered a severance package from your employer with a specific deadline, it’s essential to keep in mind that their initial offer may not be their best. You could potentially forfeit a significant amount of severance pay by signing too soon. On the other hand, if you are facing a deadline for accepting a job offer, it’s important to know that it usually doesn’t affect your entitlements. However, if you feel uncertain about the deadline, you can always ask your employer for more time to consider the offer. While it’s uncommon, some employers may not be able to provide you with additional time. Taking this step can help you reduce stress and provide you with enough time to seek advice from a reputable Hamilton employment lawyer.
2. Your Employment Contract Should Be Reviewed By Hamilton Employment Lawyers
If you have been terminated from your job, your employment contract might stipulate the amount of severance pay you are entitled to receive. However, there may be circumstances in which the agreement is not legally binding. This could mean that you have a right to additional compensation beyond what is stated in the contract. It is advisable to seek advice from an employment lawyer in Hamilton to determine your entitlement. Please do not hesitate to contact us for assistance.
3. Calculating Severance Pay
It’s important to note that no law dictates that your severance entitlements are limited to two weeks per year of employment.
In Ontario, the amount of severance pay you receive is determined by a variety of factors, such as employment agreements, legislation, and common law. The common law severance pay you receive is mainly determined by your age, length of service, job type, and employability.
You can use our severance pay calculator to estimate your potential severance pay and then discuss the results with us.
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 about limitation periods, it is best to consult with a Hamilton employment lawyer.
5. Ontario Ministry of Labour Complaint vs. Hamilton Employment Lawyers
It’s important to keep in mind that if you require advice on common law severance pay, you should avoid contacting government ministries such as the Ministry of Labour. These ministries can only guide you on your minimum entitlements under the Employment Standards Act, and not your maximum entitlements under common law.
If you choose to file a complaint with Ontario’s Ministry of Labour to receive your minimum severance pay, you may lose out on the opportunity to pursue your maximum severance pay under common law. However, by seeking assistance from experienced Hamilton employment lawyers, you can improve your chances of receiving the severance package you are entitled to.
6. Terminations with “Just Cause”
If you were fired for “just cause” and your employer did not provide you with any severance pay, it’s important to remember that this is only your employer’s argument. In order to deny severance pay for “just cause,” employers must prove serious misconduct, such as theft. If you’re worried about your rights, seek help.
My employer placed me on a phony performance improvement plan and then tried to fire me with no severance. Ertl Lawyers did a great job working on my case. The team at Ertl Lawyers kept me informed throughout every step and they were able to get a great severance package for me.
– H.G., HAMILTON
Severance Pay Calculator
Free Employment Guides by Hamilton 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: Hamilton 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.
Hamilton Employment Lawyers: Videos
How Much Severance Am I Entitled To?
How Age Affects Severance Pay
Severance Pay if You’re Over 45
Hamilton Employment Lawyers: Blog Posts
Maternity vs Parental Leave: The Differences Between Maternity & Parental Leave in Ontario
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Constructive Dismissal Explained: What is Constructive Dismissal in Ontario?
What if you came to work one day and your employer told you they were returning you to a junior position you held several years ago, effective immediately? Or you look at the schedule for the next pay period and your shifts, and no one else’s, were drastically reduced...
Your Guide to Record of Employment in Ontario
If you’ve never had a Record of Employment (ROE) issued to you, you might confuse it for a T4 slip the first time you see it. While it looks like a simple, straightforward document containing standard information like your name, address and those of your former...
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.
Hamilton Employment Lawyers