David A. Whitten
David is a recognized employment law expert and a founding partner of Whitten & Lublin LLP, a boutique employment law firm focused on delivering strategic resolution to workplace issues and challenges. The firm offers expert advice to both employers and employees in the non-unionized setting. It is experience on both sides of the table that enables the firm’s lawyers to deliver exceptional results for its clients.
David’s practice is devoted exclusively to providing employment law counsel. He has advised a variety of businesses and industries in both provincial and federal jurisdictions and public and private sectors on workplace safety and insurance issues, employment standards, human rights, hiring, terminations and common law obligations in Canada.
On the other side, he has successfully negotiated superior employment agreements and termination packages for his employee clients. Whether it be for an employer or employee, David always has a view to the bottom line and the optimal result for each client. Conscious of the impact of litigation, he is skilled in negotiated resolution and a tenacious and resourceful advocate before the courts and administrative tribunals when settlement cannot be achieved.
Although David provides advice to employees at all levels, he has extensive experience in executive employment and compensation matters including: employment agreements, severance packages, non-competition and non-solicitation agreements, post-employment obligations, long term and short term incentive plans, bonus compensation, stock options and fiduciary obligations. He has provided considered and comprehensive counsel to leaders in a broad spectrum of public and private roles.
He is a former member of the Ontario Bar Association’s Workers’ Compensation Executive and continues to advise employers and injured employees on all aspects of the Workplace Safety and Insurance Act, including WSIB benefit claims and appeals.
An effective litigator, David has appeared before all levels of court in Ontario, as well as a number of administrative tribunals including: the Ontario Labour Relations Board, Ontario Human Rights Tribunal, Workplace Safety and Insurance Board and Workplace Safety and Insurance Appeals Tribunal.
He is frequently asked to speak on a variety of employment issues and regularly facilitates continuing education for both human resource and payroll professionals. David speaks at both the Human Resources Professional Association’s (HRPA) and the Canadian Payroll Association’s annual conferences and has been a featured speaker and panel member for both the Ontario Bar Association and The Canadian Institute.
David has a Bachelor of Arts, with a major in political science, from the University of Toronto. He completed his law degree at the University of Windsor in 2001 and was admitted to the Bar of Ontario the following year. He completed the Advocates’ Society’s certificate program in Intensive Trial Advocacy offered through Osgoode Hall in 2005. Memberships include the Advocates’ Society, the Canadian Bar Association, the Royal Canadian Legion and the Cambridge Club.
He has written and published the following articles on employment and human rights law:
- Employers Can’t Afford Overtime Errors, Canadian HR Reporter, September 10, 2007.
- Staff or contractor: Where to draw the line, Canadian HR Reporter, September 11, 2006.
- Employment Contracts: Avoid the Pitfalls, Canadian HR Reporter, July 2005.
- Largest Punitive Damage Award in Employment Law History, Workplace News, May 2005.
- Determining Notice: It’s an art, not a science, The Canadian Employer, January 2005.
- Employee Negligence, Workplace News, November 2004.
- When is work location a term of employment?, The Canadian Employer, July 2004.
To speak with Mr. Whitten or to book a consultation, please email him at david@whittenlublin.com.
