Windsor is located across the Detroit River from the city of Detroit in the U.S. Windsor is the third most populated city in Southwestern Ontario. Windsor is the “Automotive Capital of Canada” due to its major contributions to the automotive industry in Canada.
Windsor’s economy is primarily based off of manufacturing, tourism, education and government. Windsor is home to FCA Canada, an automotive manufacturing facility, Ford Motor Company and several tool and die and automotive parts manufacturers. Windsor is also home to Caesars Windsor, a large casino in Canada and is a major tourist draw. Windsor also is home to the University of Windsor and St. Clair College.
If you live or work in Windsor and are facing issues with your employment, whether it be constructive dismissal claims, harassment and bullying in the workplace, or you’ve just received a severance package and you are not sure what to do, the lawyers at Ertl Lawyers are here to help.
If you need employment lawyers in Windsor, Ertl Lawyers is here for you.
Who We Are: Windsor Employment Lawyers
Ertl Lawyers is a leading disability and employment law firm in Toronto practicing in Ontario, including Windsor.
Our Toronto disability lawyers and employment lawyers have helped thousands of clients get the severance pay and disability benefits they deserve.
Our mission has always been about better, faster results.
Learn more about us by visiting our team page.
What We Do: Employment Law
Ertl Lawyers are experienced lawyers in addressing a wide array of employment law issues including wrongful terminations, terminations for cause, workplace harassment and bullying and human rights issues. Our lawyers can also assist employers looking for guidance on restructuring, workplace investigations, drafting employment contracts or implementing new policies. If you need assistance with an employment issue, and you live or work in Windsor, contact Ertl lawyers for a free consultation over the phone.
Ertl Lawyers has experience in a variety of cases including, but not limited to, the following areas:
Termination of Employment
Termination of employment can include a termination without cause, meaning you are being terminated at no fault of your own, or a termination for cause, meaning you are being terminated because of misconduct that you participated in.
Most commonly, we see employees who have been terminated without cause. If this is the case, then you are entitled to termination pay and/or severance pay. Depending on your case, you could be entitled to even more than what your employer is offering you. It is best to contact Ertl Lawyers, employment lawyers, to have your termination paperwork reviewed before you sign off on anything.
Ertl Lawyers offers a free consultation over the phone where we can help you determine if you could negotiate for additional compensation from your employer.
Check out our Severance Termination Pay Calculator to see what your severance package entitlements could be.
Termination with Cause
A termination with cause occurs when your employer says that you have engaged in conduct that has detrimentally impacted your employment so badly that they can no longer employ you. Examples of termination with cause include insubordination, lying during an investigation, theft, fraud, gross incompetence, habitual neglect of duty, breach of employer policies or assaulting a colleague.
If you are terminated on allegations of cause then your employer does not have to provide you with a severance package. Keep in mind that your employer does have to provide you with the reasons for why you are being terminated for cause so you know exactly why you are being let go and denied a severance in Ontario.
If your employer has terminated you for cause, don’t give up. You might still be entitled to severance and you should contact an employment lawyer.
Contact the Windsor employment lawyers at Ertl Lawyers for more information. We offer a free guide called Help! I’ve Been Terminated for Cause or visit our Terminated with Cause webpage to learn more.
In employment law, there is a term called constructive dismissal which refers to specific situations where your employer has essentially pushed you out without actually having fired you yet.
The first example of constructive dismissal is when your employer makes a change to a substantial part of your employment without providing you advance notice that the change will be happening (or paying you instead of giving the notice) or they did not get your consent. For instance, if your employer comes to you and says effective immediately your compensation structure is going to change and it results in you earning significantly less, this could be constructive dismissal
Another way in which you can be constructively dismissed from your employment occurs when your work environment has become so toxic that is it impossible for you to continue to go to work. Examples of this type of constructive dismissal include, ongoing harassment for which you have complained with no assistance from your employer.
If you believe that you have experienced constructive dismissal, or you want more information to see if your situation qualifies you for a constructive dismissal claim, contact the Windsor lawyers, Ertl Lawyers, for a free phone consultation to learn more, or visit our webpage on Constructive Dismissal for more information.
Ertl Lawyers: Windsor Employment Lawyers
If you want more information about Ertl Lawyers, including what we do, who we are and how we can help, visit our Employment Law webpage. We provide in depth information for your Windsor employment law issues. We also offer a free consultation over the phone if you would prefer to speak to someone directly.
Frequently Asked Questions
How much severance pay am I entitled to?
Severance pays is calculated in two different ways. First, the legislation sets out the very minimum amount of pay your employer has to provide you when you are terminated from your employment. However, the common law is when people have gone to court to have a judge determine how much pay they should receive when they are terminated and tend to be awarded much more than the legislative minimum amounts.
In order to qualify for common law termination pay, the first place Ertl Lawyers will want to look is your employment contract or job offer letter. If your employment contract contains language in it regarding termination, Ertl Lawyers has to determine if that language limits you in any way with respect to how much money you can get for severance.
Even if you think that your employer has limited you in some way to a specific amount of pay when you are terminated, contact Ertl Lawyers, Windsor employment lawyers, anyway. We offer a free consultation over the phone and can review your contract.
Contact the Windsor employment lawyers, Ertl Lawyers, to find out what your entitlements are, or how much you could potentially receive. You can also visit our Severance Pay Calculator for an estimate.
What is wrongful termination or wrongful dismissal?
Wrongful termination and wrongful dismissal are both terms that mean you were terminated and not provided with an adequate severance package. In Toronto wrongful dismissal cases, the termination is considered “wrongful” because your employer didn’t pay you or offer to pay you enough money when they terminated you. It does not necessarily have anything to do with the reasons why you were terminated.
The circumstances surrounding your dismissal only play a factor if you have been terminated for cause or there is a potential human rights violation.
Am I entitled to severance pay if I quit my employment?
Not typically. If you quit because you no longer want to work there, you got a new job or just because then you do not receive any type of severance pay. There are very few exceptions that would permit severance pay, but it depends on why you quit your employment.
For example, if you quit because you were experiencing severe and ongoing harassment from a colleague and, after complaining, your employer failed to do anything about it. This could potentially be a constructive dismissal meaning you might be entitled to severance pay if you quit in this circumstance.
Ultimately, Ertl Lawyers recommends contacting an employment lawyer before you quit to see what your options are first. Ertl Lawyers, employment lawyers in Windsor, offers a free consultation over the phone.
Does the reason for my termination matter?
The reasons surrounding why you were terminated only matter in specific situations. If you were terminated without cause and offered a severance package, why your employer chose to terminate you over someone else does not really play a factor in how much severance you should get so it is irrelevant.
If you were terminated for cause, meaning the employer is saying you did something wrong, then the reasons matter. You should know what the cause is before you are terminated so that you have a chance to correct or defend yourself. Since your employer is going to deny you a severance package in this instance, the reasons matter.
If you were terminated because of your religion, gender, age, family status, etc., then it matters because it could potentially be a violation of the Ontario Human Rights Code.
How can the employment lawyers at Ertl Lawyers help me?
Ertl Lawyers is always striving to get you the severance you deserve. We offer help with reviewing employment contracts, negotiating severance packages and assisting with human rights cases. We can even start claims for wrongful terminations or a human rights application for you.
Contact us today to find out more about how Ertl Lawyers can help you.
Odds are you have more questions than what was covered here. That’s why Ertl Lawyers, Windsor employment lawyers, offers additional resources to help you figure out what your next steps should be after being fired. We offer free guides that you can download yourself on topics such as, Understanding My Severance Package, Help! I Have Been Fired With Cause, Constructive Dismissal and Workplace Discrimination and Harassment.
Ertl Lawyers also has a YouTube Channel. David Ertl, Windsor Employment Lawyer, and owner/found of Ertl Lawyers, provides explanations on topics such as how age affects your severance package, what happens to your pension when you are terminated, signs that your performance improvement plan is a sham and many more areas of interest.
You can also contact us for a free consultation over the phone. We will arrange for you to speak with an experienced employment lawyer who can provide you with information that relates to your specific case. The employment lawyers at Ertl Lawyers will take the time to review your case, assess your options and lay out the best course of action for you.
Example Cases Won by Ertl Lawyers: Windsor Employment Lawyers
At Ertl Lawyers, we have helped clients just like you. 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.
Interested in learning more about Ertl Lawyers, Windsor employment lawyers, cases? Visit David Ertl’s biography webpage to find more.
Reviews: Ertl Lawyers, Windsor Employment Lawyers
We know you can’t just take our word for it. Ertl Lawyers has a lengthy list of reviews from past clients that we have represented, including from Windsor, on our website for you to peruse. Go ahead and check out what others have said about Ertl Lawyers’ services.
Related Blog Posts
Videos: David Ertl, Windsor Employment Lawyer
How Much Severance Am I Entitled To?
How is Severance Pay Taxed ?
Contact Us: Employment Lawyers, Windsor
Do you live in Windsor? Do you travel to or do you work in Windsor? Are you in need of expert help regarding your employment? Contact Ertl Lawyers, experienced employment lawyers in Windsor for help.
Our help can make all the difference.