As a nationally recognized and highly sought-after employment lawyer, David A. Whitten focuses on the strategic resolution of complex workplace issues and challenges for both employers and employees.
What sets David A. Whitten apart is his abiding belief in fairness. He holds that the most productive and successful work environments are those in which both the employer and employees are treated with respect. This ethical standard makes him a compelling advocate in negotiations or in court and an opponent to be reckoned with.
While David advises employees at all levels, he focusses on issues specific to the C-Suite, specializing in advising clients on constructive dismissal. He is broadly experienced at crafting and negotiating executive employment and compensation agreements; severance packages; non-competition and non-solicitation contracts, as well as agreements related to post-employment obligations; incentive plans stock options; bonus compensation, and fiduciary obligations. David has developed a specialized approach to dealing with constructive dismissal in the executive suite that has assisted his clients to recover millions of dollars in severance.
David also has a proven talent for addressing commonly unforeseen downside issues and has earned a reputation for defending business leaders embroiled in conflicts with their Board of Directors or other executives, or who face leadership issues, or who are facing performance-related criticism from shareholders.
David places great stock in flexibility and finding solutions through negotiated resolution. However, he is also a tenacious litigator. He has appeared before all levels of court in Ontario and a range of tribunals, including: The Ontario Labour Relations Board, Ontario Human Rights Tribunal, The Workplace Safety and Insurance Board and Workplace Safety and Insurance Appeals.
David's success has led to continuous recognition by industry and peers including being named annually since 2015 by Lexpert as a recommended lawyer and designated a Leading Practitioner for both employers and employee. He has also been selected in 2022 for The Best Lawyers in Canada for Employment and Labour Law.
David also co-authored "HR Manager's Guide to Independent Contractors in the Workplace".
David’s expertise and straight talk are widely recognized in Toronto media circles. His viewpoint has been sought by The Toronto Star, The Globe and Mail and The National Post, and he has commentated on employment issues in interviews with CBC Radio One’s, Here and Now, and News Talk 1010. He is also frequently asked to speak on employment issues by The Human Resources Professional Association, The Canadian Payroll Association and the Certified General Accountants Association of Canada.
Throughout his career, David has worked closely with the Human Resources Professional Association (HRPA), culminating in him being asked to Co-Chair its Annual Law Conference from 2017 to 2021
