Kingston Employment Lawyers
Lost Your Job? Need a Kingston Employment Lawyer?
David Ertl, one of the leading Kingston 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 Kingston and the Surrounding Area
Communities we service include:
Kingston • Belleville • Brockville • Gananoque • Napanee • Picton • Tweed • Wellington • Smith Falls • Madoc • Prescott • Perth
About Ertl Lawyers – Kingston Employment Lawyers
Free Consultation With Kingston Employment Lawyers
Did you know we offer you a free phone consultation with a legal professional? Our consultation service is something we’re proud of, and our clients have given us five-star Google reviews for it. During the free consultation, we will give our initial thoughts on your severance package and discuss important topics like costs and timing. This free consultation does not include reviewing employment agreements, termination letters, non-solicitation agreements, etc. If you want us to review those, we charge a flat fee for this service.
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 Kingston 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 Kingston 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 it comes to employment law, it’s essential to rely on 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’ve been offered a severance package from your employer with a specific deadline to sign it, it’s crucial to remember that their initial offer may not be its best. So, signing too soon could mean forfeiting a significant amount of severance pay.
Moreover, a deadline typically doesn’t affect your entitlements.
Therefore, if you need more time to consider the offer, it often makes sense to ask your employer for more time to consider the offer. Any employer, acting reasonably, ought to give you more time. Asking for more time can help reduce stress and give you the opportunity to speak with Kingston employment lawyers like us.
2. Your Employment Contract Should Be Reviewed By Kingston Employment Lawyers
If you have been terminated from your job, your employment contract might specify the amount of severance pay you are entitled to receive. However, there may be circumstances where 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 highly recommended that you seek advice from an employment lawyer in Kingston to determine your entitlement. Please do not hesitate to contact us for assistance.
3. Calculating Severance Pay
It’s crucial to understand that there is no law limiting your severance entitlements to two weeks per year of employment in Ontario.
The amount of severance pay you receive depends on your employment agreement (if you have one), legislation, and common law.
If you are entitled to common law severance pay, it’s primarily calculated by considering a variety of factors like your age, length of service, job type, and your employability.
You can use our severance pay calculator to estimate your potential severance pay and then discuss the results with Ertl Lawyers – Kingston employment lawyers.
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 a Kingston employment lawyer.
5. Ontario Ministry of Labour Complaint vs. Kingston Employment Lawyers?
It’s important to keep in mind that if you need advice on common law severance pay, you should avoid contacting government ministries such as the Ministry of Labour. These ministries can only advise you on your minimum entitlements under the Employment Standards Act, and not your maximum entitlements under common law.
If you decide to file a complaint with Ontario’s Ministry of Labour in order to receive your minimum severance pay, you might miss the chance to pursue your maximum severance pay under common law. However, with the help of experienced employment lawyers in Kingston, you can enhance your chances of getting the severance package you deserve.
6. Terminations with “Just Cause”
If you were terminated for “just cause” and your employer failed to provide you with any severance pay, it’s crucial to keep in mind that this is merely your employer’s assertion. To withhold severance pay for “just cause,” employers must substantiate serious misconduct, such as theft. If you are apprehensive about your rights, it is imperative to seek assistance.
I was looking for an employment lawyer to help me when I was terminated after coming back from sick leave. When I found Ertl Lawyers I knew it was the right fit. David helped me get the severance I deserved and damages for discrimination. I couldn’t be happier with the outcome.
– H.E., KINGSTON
Severance Pay Calculator
Free Employment Guides by Kingston 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: Kingston Employment Lawyer
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.
Kingston Employment Lawyers: Videos
How Much Severance Am I Entitled To?
How Age Affects Severance Pay
Severance Pay if You’re Over 45
Kingston 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.
Kingston Employment Lawyers