Whitby Employment Lawyers
Lost Your Job? Need a Whitby Employment Lawyer?
For almost two decades, David Ertl, been serving the community as an experienced employment lawyer in Whitby, representing employees facing various workplace issues. These issues include wrongful dismissal, constructive dismissal, terminations with cause, terminations without cause, layoffs, harassment, bullying, and discrimination.
We Serve Whitby and the GTA
We represent clients throughout Ontario, including Whitby and the GTA:
Toronto • Mississauga • Newmarket • Richmond Hill • Markham • Vaughan • Ajax • Hamilton • Oshawa • Oakville • Clarington
Some Things You Should Know About Ertl Lawyers
Free Consultation With Whitby Employment Lawyers
We’re happy to offer you a free phone consultation with no strings attached! We will provide our initial assessment of your matter, and we will discuss your options, costs, and timing. After the phone consultation, if you want us to review any written materials such as your employment agreement, termination letter, non-solicitation agreement, etc., we offer this service at a reduced flat fee. We genuinely believe that our consultation service is the best in the industry, and we’re confident you’ll be glad you called us.
Contingency Fees Available [Don’t Pay Unless We Improve Your Severance Pay]
We understand that wrongful dismissal can be a difficult and stressful experience. But don’t worry, we’re here to help you out! In most cases, we offer contingency fees, which means that our fee is based on the improvement we make to your severance package. This way, you can rest assured that we always have your best interests in mind. However, if you prefer a fixed/flat fee billing, we’re happy to accommodate your needs as well.
You Will Work With Leading Whitby Employment Lawyers [Don’t Waste Your Time With A Junior Lawyer]
David Ertl is a highly experienced lawyer with an exceptional track record of over 20 years in practice. 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 pay packages and recovered millions of dollars in wrongfully withheld severance.
When it comes to employment law, trusting your case to a seasoned lawyer is an absolute necessity. Settling for a junior or inexperienced lawyer or one who only occasionally practices employment law could lead to disastrous consequences. With David Ertl’s expertise and experience in this field, you can navigate the complex legal aspects of employment law with confidence and assurance of a positive outcome. So don’t settle for anything but the best, choose David Ertl as your legal representative today.; choose
What You Need To Know Right Now About Your Termination
1. Severance Offer “Deadline”
When offered a severance package from an employer with a specific deadline, it is important to consider that the initial offer may not be the most favourable. Signing too soon could potentially result in a significant loss of severance pay. On the other hand, when facing a deadline for accepting a job offer, it is important to understand that it usually does not affect one’s entitlements. In case of uncertainty about the deadline, one may politely request additional time from the employer to consider the offer. Though rare, some employers may not be able to provide extra time. Taking such a step can help reduce stress and allow adequate time to seek guidance from reputable employment lawyers in Whitby.
2. Your Employment Contract Should Be Reviewed By Whitby Employment Lawyers
In instances where a person’s employment is terminated, the employment contract may stipulate the amount of severance pay the individual is entitled to. However, in certain cases, the agreement may not be legally binding, and additional compensation beyond the contractually-stated amount might be due. It is, therefore, advisable that you seek the guidance of qualified employment lawyers based in Whitby to determine your entitlements. We stand ready to assist you in this regard, and we invite you to contact us for further support and guidance.
3. Calculating Severance Pay
It is important to note that the province of Ontario does not impose any restrictions on an individual’s severance entitlements, thereby limiting it to a specific duration of two weeks per year of employment. The quantum of severance pay that one is entitled to is determined by a combination of factors, including employment agreements, legislation, and common law.
Common law severance pay is primarily influenced by factors such as the employee’s age, length of service, job type, and employability.
To determine the potential severance pay that one may be entitled to, our organization offers a severance pay calculator that can provide an estimate of the payout. It is recommended that one should consult with experienced employment lawyers in the Whitby region to discuss the results and gain a better understanding of their severance entitlements based on their specific circumstances.
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 Whitby employment lawyer.
5. Ontario Ministry of Labour Complaint vs. Whitby Employment Lawyers
It’s important to note that if you require advice on severance pay based on common law, it is advisable to avoid contacting government ministries such as the Ministry of Labour. While the Ministry of Labour can provide guidance on your minimum entitlements under the Employment Standards Act, they may not be able to advise you on your maximum entitlements under common law.
In the event that you choose to file a complaint with Ontario’s Ministry of Labour to receive your minimum severance pay, it’s possible that you may not be able to pursue your maximum severance pay under common law. However, seeking assistance from experienced employment lawyers in Whitby can help you navigate this complex issue and improve your chances of receiving the severance package you are entitled to.
6. Terminations with “Just Cause”
If you find yourself in a situation where you have been fired for “just cause” and your employer has declined to provide you with severance pay, please keep in mind that this is your employer’s position. To deny severance pay for “just cause,” employers must demonstrate serious misconduct, such as theft. In case you have any concerns regarding your rights, we recommend seeking professional assistance to ensure that you receive the proper compensation that you are entitled to.
My employer terminated for cause citing I had poor performance. With nothing to lose, I decided contacting a lawyer would be my best bet. When I spoke with David I was confident he would be able to get me the severance I deserved. I am happy to say I was right. I cannot recommend a better lawyer!
– J.A., WHITBY
Severance Pay Calculator
Whitby Employment Lawyers: Free Employment Guides
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: Whitby 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.
Whitby Employment Lawyers: Videos
How Much Severance Am I Entitled To?
How Age Affects Severance Pay
Severance Pay if You’re Over 45
Whitby Employment Lawyers: Blog Posts
Employment Law: Constructive Dismissal – The Basics
Constructive Dismissal - The Basics Author: David Ertl, Employment Lawyer Constructive dismissal occurs when the employer decides to no longer be bound by the contract in place with the employee and makes a unilateral, fundamental change to the employment...
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.
Whitby Employment Lawyers