Windsor Employment Lawyers

David Ertl Lawyer
David Ertl Lawyer
David Ertl Lawyer

Lost Your Job?  Need a Windsor Employment Lawyer?

David Ertl, a highly experienced Windsor employment lawyer, has been supporting the community for close to 20 years.  He is dedicated to representing employees who have faced workplace issues such as wrongful dismissal, constructive dismissal, terminations with cause, layoffs, harassment, bullying, and discrimination.

Windsor Employment Lawyers – Serving Windsor and Surrounding Area

We represent clients throughout Ontario, including Windsor and the surrounding area: 

AmherstburgKingsvilleChatham-KentLeamington • Tilbury • Essex • Wheatley • Wallaceburg • Sarnia • Ridgetown  

Some Things You Should Know About Ertl Lawyers

Free Consultation With Windsor Employment Lawyers

We are happy to offer you a free phone consultation with no obligations or commitments attached. Call us.  We will discuss your matter and provide you with an initial assessment, as well as your options, costs, and timing.  If, after the initial consult, you want us to review documents (such as an employment agreement, termination letter, or severance package) then we can provide this service for you for a reduced, fixed fee amount. Our consultation service is comprehensive, and we genuinely believe it will provide valuable support to you.

Contingency Fees Available [Don’t Pay Unless We Improve Your Severance Pay]

In the majority of cases of wrongful termination, we offer contingency fees. This means that our fee is determined based on the enhancements made to your severance package. However, it is worth noting that some clients may have a preference for fixed or flat-fee billing.

You Will Work With a Leading Windsor Employment Lawyer [Not A Junior Lawyer]

David Ertl is a highly experienced employment lawyer with a successful track record of over 20 years in legal practice. As a top employment lawyer in Windsor, he has represented employees at all levels, including c-suite executives, managers, licensed professionals, salespersons, tradespersons, and general labourers. Throughout his career, he has adeptly negotiated thousands of severance packages and successfully recovered millions of dollars in wrongfully withheld severance.

When it comes to employment law, it’s crucial to have a recognized expert by your side. Avoid settling for a junior or inexperienced lawyer, or one who only occasionally practices employment law. David Ertl’s history of success in the field can help you navigate the complex legal aspects of employment law with confidence.

 

David Ertl Lawyer
David Ertl Lawyer
David Ertl Lawyer

What You Need To Know Right Now About Your Termination

1. Severance Offer “Deadline”

If presented with a severance package from your employer containing a specific deadline to sign, it is important to note that its initial offer may not be its final offer. Signing too hastily could result in a significant loss of severance pay.

If confronted with a deadline for accepting a severance offer, it is crucial to understand that it typically does not impact your entitlements. But, if you are concerned about the deadline, it is permissible to request additional time from your employer to deliberate on the offer. Most employers will grant an extension of time. Taking this step can help alleviate stress and provide needed time to seek counsel from a reputable Windsor employment lawyer.

2. Your Employment Contract Should Be Reviewed By Windsor Employment Lawyers

If an individual’s employment is terminated, the terms of their employment contract may outline the severance pay to which they are entitled. Nevertheless, there are scenarios in which the terms of the agreement may not hold legal weight. Consequently, the affected party may possess a right to more severance under the common law. Seeking guidance from an employment lawyer in Windsor is recommended to ascertain one’s entitlement. Please do not hesitate to contact us for assistance.

3. Calculating Severance Pay

It’s important to note that there is no law dictating that your severance entitlements are limited to two weeks per year of employment.

In Ontario, the common law severance pay you might be entitled to is 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 Windsor employment lawyer.

5. Ontario Ministry of Labour Complaint vs. Windsor Employment Lawyers

We want to point out that when seeking guidance on common law severance pay, it is advisable to refrain from reaching out to 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 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 Windsior employment lawyers, you can improve your chances of receiving the severance package to which you are entitled.

6. Terminations with “Just Cause”

If you were fired for “just cause” and your employer did not provide you with severance pay, it’s important to remember that this is only your employer’s argument. To deny severance pay for “just cause,” employers must prove serious misconduct, such as theft. If you’re worried about your rights, seek help.

I thought my employer was offering me a decent severance package when I was terminated after 17 years.  After speaking a few friends, I reached out to Ertl Lawyers to be sure.  Turns out, their offer was mediocre at best.  David and his team were able to almost double my severance. So glad I called.

– R.A., WINDSOR

Severance Pay Calculator

Our severance pay calculator can give you an idea of how much your severance should be.

Free Employment Guides by Windsor Employment Lawyers

Understanding Your Severance Package

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

Help! I Have Been Fired With Cause

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

Constructive Dismissal

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

Workplace Discrimination and Harassment

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

Windsor Employment Lawyers: Videos

How Much Severance Am I Entitled To?

How Age Affects Severance Pay

Severance Pay if You’re Over 45

Windsor 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...

read more

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.

Windsor Employment Lawyers