Oshawa Employment Lawyers
Lost Your Job? Need an Oshawa Employment Lawyer?
David Ertl has been an employment lawyer in Oshawa for nearly twenty years, helping employees navigate through challenging workplace situations. From wrongful dismissals to layoffs, harassment and bullying to discrimination, constructive dismissal, terminations with cause, and terminations without cause, David has been a trusted advisor to those who need it most.
We Serve Oshawa and the GTA
We represent clients throughout Ontario, including Oshawa and the GTA:
Toronto • Mississauga • Newmarket • Richmond Hill • Markham • Vaughan • Ajax • Pickering • Whitby • Hamilton • Oakville • Clarington
Some Things You Should Know About Ertl Lawyers
Free Consultation With Oshawa Employment Lawyers
We’re excited to offer you a free phone consultation with absolutely no obligations or commitments required from your end. Our consultation service is something we’re extremely proud of, and our clients have even given us glowing 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. We genuinely believe that our consultation service is the best out there, and we’re confident that it’ll be a great help to you.
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 Oshawa Employment Lawyer [Don’t Waste Your Time With A Junior Lawyer]
David Ertl is a skilled and experienced lawyer who has been successfully practicing for over 20 years. He has represented employees of all levels, including c-suite executives, managers, licensed professionals, salespersons, tradespersons, and general laborers. Throughout his career, he has effectively negotiated numerous severance packages and recovered millions of dollars that were wrongfully withheld as severance pay.
When it comes to employment law, it is essential to seek the assistance of an experienced lawyer. You should avoid hiring a junior or inexperienced lawyer, or one who only occasionally deals with employment law cases. David Ertl is an expert in this field and has years of experience, which 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”
When you receive a severance package offer, remember that your employer’s initial offer may not be their best. Don’t sign too soon, or you could risk losing a significant amount of severance pay You are entitled to take your time and negotiate the terms of the offer that work best for you. Similarly, if you’re facing a deadline for accepting a job offer, remember that it usually doesn’t affect your entitlements. You have the right to ask for more time to consider the offer, and it’s uncommon for an employer to deny that request. Take control of the situation by requesting more time to make an informed decision. This can help reduce your stress and give you the opportunity to seek advice from a reputable employment lawyer in Oshawa. Remember, you have the power to negotiate and make confident decisions that benefit you.
2. Your Employment Contract Should Be Reviewed By Oshawa Employment Lawyers
If you have been terminated from your job, it is important to know that the employment contract you signed might specify the amount of severance pay you are entitled to receive. However, it is worth noting that there may be certain circumstances in which the agreement is not legally enforceable. In such cases, you may have a right to receive additional compensation, beyond what is stated in the contract. To ensure that you receive the compensation you are entitled to, we strongly advise you to contact an experienced employment lawyer in Oshawa. We are here to help, so please do not hesitate to contact us for assistance.
3. Calculating Severance Pay
It is imperative to acknowledge that there is no law that limits your severance entitlements to two weeks per year of employment.
In Ontario, the amount of severance pay you are entitled to receive is determined by several factors, including employment agreements, legislation, and common law. The common law severance pay that you are eligible for is primarily 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 Oshawa 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 an Oshawa employment lawyer.
5. Ontario Ministry of Labour Complaint vs. Oshawa Employment Lawyers
It is vital to understand that government ministries like the Ministry of Labour cannot provide you with advice on your maximum entitlements under common law for severance pay. The Ministry of Labour can only provide information on your minimum entitlements under the Employment Standards Act. Therefore, seeking legal counsel is the best course of action to ensure that you get what you are entitled to under the law. Do not settle for less than what you are owed. Seek the legal advice you need to get the severance pay you deserve.
If you decide to file a complaint with Ontario’s Ministry of Labour in order to receive your minimum severance pay, you may miss out on the chance to pursue your maximum severance pay under common law. Nevertheless, you can increase your chances of obtaining the severance package you are entitled to by seeking the assistance of experienced employment lawyers in Oshawa.
6. Terminations with “Just Cause”
In the event that you have been terminated from your employment for “just cause” and have received no severance package, it is imperative to acknowledge that this is purely a claim put forth by your employer. In order for an employer to withhold severance pay for “just cause,” it is required that they provide substantial evidence of severe misconduct, such as theft. In the event that you are concerned about your entitlements, it is advisable to seek the guidance of a legal professional.
I was terminated after 15 years of loyal service to my employer and they offered me the bare minimum. I contacted Ertl Lawyers and David was able to substantially increase my severance package. I would definitely recommend contacting Ertl Lawyers for help with your severance package. 10/10 Experience.
– C.S., OSHAWA
Severance Pay Calculator
Oshawa 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: Oshawa 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.
Oshawa Employment Lawyers: Videos
How Much Severance Am I Entitled To?
How Age Affects Severance Pay
Severance Pay if You’re Over 45
Oshawa Employment Lawyers: Blog Posts
Disability Discrimination In The Workplace
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Common Reasons For Dismissal From the Workplace and How to Challenge Them
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Sale of Business: What Rights Do Employees Have?
To a business owner, the sale of their business can be the well-deserved payout of a life's worth of blood, sweat and tears. For the employees and their families, however, even assurances of job security may not be enough to relieve feelings of uncertainty and worry...
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.
Oshawa Employment Lawyers