St. Catharines Employment Lawyers
Lost Your Job? Need a St. Catharines Employment Lawyer?
David Ertl, a highly regarded employment lawyer in St. Catharines, has been dedicated to serving the community for almost 20 years.
He focuses on supporting employees who have faced workplace issues such as wrongful dismissal, constructive dismissal, terminations with cause, layoffs, harassment, bullying, and discrimination.
We Serve St. Catharines and the Surrounding Area
We represent clients throughout Ontario, including St. Catharines and the surrounding area:
Niagara Falls • Welland • Fort Erie • Grimsby • Lincoln • Thorold • Port Colborne • Niagara-on-the-Lake • West Lincoln • Wainfleet
Some Things You Should Know About Ertl Lawyers
Free Consultation With St. Catharines Employment Lawyers
We understand how important it is to receive support during challenging times. That’s why we are happy to offer you a free phone consultation with no obligations or commitments. 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.
We genuinely believe that our consultation service is the best in the industry and are confident that it will provide you with valuable assistance.
Contingency Fees Available [Don’t Pay Unless We Improve Your Severance Pay]
In most cases, we offer contingency fees for wrongful termination cases. This means that our fee is based on the improvement we make to your severance package. However, some clients prefer fixed or flat fee billing. Call us today to discuss your matter and we’ll explain our fees in detail.
You Will Work With a Leading St. Catharines Employment Lawyer [Not A Junior Lawyer]
David Ertl is a highly experienced employment lawyer with a successful track record spanning over 20 years in practice. As one of the leading St. Catharines employment lawyers, he has adeptly represented employees at various levels, including C-suite executives, managers, licensed professionals, salespersons, tradespersons, and general labourers. Throughout his career, he has skillfully negotiated numerous severance packages and successfully recovered substantial amounts of wrongfully withheld severance.
When it comes to employment law, it’s important to carefully consider the experience and expertise of the lawyer you choose. It is advisable to avoid opting for a junior or inexperienced lawyer, or one who only occasionally practices employment law. David Ertl’s extensive knowledge and experience in this field can give you the confidence to navigate the complexities of employment law.
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 important to remember that the initial offer may not be the best offer. You could potentially forfeit a significant amount of severance pay by signing too soon.
In addition, if you are facing a deadline for accepting a severance offer, it’s important to know that it usually doesn’t affect your entitlements. So, if you feel uncertain about the deadline, you can always ask your employer for more time to consider the offer. Most employers will give you additional time. Taking this step can help you reduce stress and provide you with enough time to seek advice from a reputable St. Catharines employment lawyer.
2. Your Employment Contract Should Be Reviewed By St. Catharines Employment Lawyers
If you have been terminated from your job, your employment contract may 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 crucial to seek advice from an employment lawyer in St. Catharines to determine your entitlement. Please do not hesitate to contact us for assistance.
3. Calculating Severance Pay
Remember, there is no law that dictates that your severance entitlements are limited to two weeks per year of employment.
In Ontario, the severance pay you receive is determined by various factors: your employment agreement, legislation, and common law.
If you are entitled to common law severance pay, it’s 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, an employee who has been termianted has two years from the termination date to claim full severance pay from their employer. If you have any questions about limitation periods, it is best to consult with a St. Catharines employment lawyer.
5. Ontario Ministry of Labour Complaint vs. St. Catharines Employment Lawyers
It’s important to remember that if you require advice on common law severance pay, you should avoid contacting government ministries such as the Ministry of Labour and call an employment lawyer first. These ministries can only guide you on your minimum entitlements under the Employment Standards Act, and not your maximum entitlements under common law.
Filing a complaint with Ontario’s Ministry of Labour for minimum severance pay could mean missing out on pursuing your maximum severance pay under common law. However, with the help of skilled St. Catharines employment lawyers, you can greatly increase your chances of securing the full severance package you deserve.
6. Terminations with “Just Cause”
If you’ve been fired for “just cause” without receiving any severance pay, it’s crucial to understand that this is your employer’s assertion. To withhold severance pay for “just cause,” employers must substantiate serious misconduct, like theft. If you’re concerned about your rights, don’t hesitate to seek assistance.
I was fired for poor performance and my employer didn’t offer me anything but the minimum severance possible. I decided to call a few employment lawyers to see if there was anything I could do. When I spoke with Andrea and then David as part of the consultation, I felt like Ertl Lawyers would be the best firm for me. I am thrilled with the reuslts they got me and I would not hesitate to recommend them.
– M.H., ST. CATHARINES
Severance Pay Calculator
Free Employment Guides by St. Catharines 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: St. Catharines Employment Lawyers
In Patterson v. IBM Canada Limited, 2017 ONSC 1264 (CanLII), David Ertl was able to obtain an award of 18 months of severance pay and benefits for Mr. Patterson after he was terminated from IBM.
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.
St. Catharines Employment Lawyers: Videos
How Much Severance Am I Entitled To?
How Age Affects Severance Pay
Severance Pay if You’re Over 45
St. Catharines Employment Lawyers: Blog Posts
What is an Arbitration Clause in Ontario?
An arbitration clause in an Ontario employment contract stipulates that you agree to use a binding arbitration hearing to settle disputes arising from the employment contract instead of the court system. People are understandably excited to receive an offer of...
Am I Still Employed While on Long-Term Disability in Canada
Yes, you are still employed while on long-term disability (LTD) in Canada. You continue to enjoy the same employment rights while on long-term disability as when you are in the workplace. And while employers can generally terminate an employee at any time, it is...
Who is Entitled to Severance Pay in Ontario & How Much?
Most people have heard the term “severance pay” or “severance package,” however, not many know the legal definition, when they are entitled to severance pay, what/how much they are entitled to for severance pay and what to do if an employer does not provide them the...
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.
St. Catharines Employment Lawyers