How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask D.A.M. Your Own Question

D.A.M.
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2741
Experience:  Cross-Border (US/Canada) Lawyer
25783290
Type Your Canada Law Question Here...
D.A.M. is online now
A new question is answered every 9 seconds

What is a typical settlement in a constructive dismissal lawsuit

Resolved Question:

What is a typical settlement in a constructive dismissal lawsuit in Quebec? I am a professional (non-management) working in a private, government funded rehabilitation centre where I have been an employee for almost 15 years.
Submitted: 4 years ago.
Category: Canada Law
Expert:  D.A.M. replied 4 years ago.
Hello,

Unfortunately, settlements are never actually published (and most often subject to non-disclosure agreements) so the figures are quite hard to come by.

At first glance the 8 weeks for a Constructive Dismissal case seems on the low side but one would need to look into the details of the Constructive Dismissal claim and supporting evidence. I've seen about 8 weeks for standard wrongful dismissal claims as the base entitlement so in I suspect you could do better still.

Have you discussed your case with a lawyer yet? I ask because I think you should touch base with a local employment lawyer and have them step in. I suspect you could probably get a better deal even with the lawyers fees calculated in (in fact I'd recommend that you propose those terms to the lawyer if they want to take the case: that pay would be a % of amount collected above this offer, that way the least you would get is at least that amount). An unrepresented employee is often at a disadvantage in such proceedings against the company.

If you have any further questions please do forward them.

Regards XXXXX XXXXX wishes.
Customer: replied 4 years ago.

Hi,

 

Thank you for the info.

If I were to retain a lawyer and discuss his/her fees what would be an appropriate % of the settlement ? Of course I understand there is a range, but it would be helpful to know what that range is.

Expert:  D.A.M. replied 4 years ago.
Hello,
You are very welcome.

Generally speaking 33% (for the lawyer) is considered to be both the standard and the maximum for a contingency. In your case I would suggest no more than 33% of the amount over the original offer.

Regards XXXXX XXXXX wishes.
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2741
Experience: Cross-Border (US/Canada) Lawyer
D.A.M. and 2 other Canada Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
< Last | Next >
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
  • This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help. Mike Halifax, NS
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
< Last | Next >
  • http://ww2.justanswer.com/uploads/bulmert/2010-02-12_004737_Me2.jpg Tom B.'s Avatar

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
  • http://ww2.justanswer.com/uploads/pfilice/2009-2-4_11945_Filice_-_Pat.jpg LawyerProfessor's Avatar

    LawyerProfessor

    Lawyer

    Satisfied Customers:

    828
    Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
  • http://ww2.justanswer.com/uploads/ME/MeMartin/2012-6-22_172853_Martin.64x64.png Jeremie John Martin's Avatar

    Jeremie John Martin

    Lawyer

    Satisfied Customers:

    751
    I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
  • http://ww2.justanswer.com/uploads/BR/brhart/2011-8-23_12246_profpic2.64x64.jpg B.R. Hart's Avatar

    B.R. Hart

    Lawyer

    Satisfied Customers:

    15
    Juris Doctor, Member of the Law Society of Upper Canada
  • http://ww2.justanswer.com/uploads/SO/Sokkalaw/2013-10-4_42239_Sokka2.64x64.jpg Sokkalaw's Avatar

    Sokkalaw

    Lawyer

    Satisfied Customers:

    288
    Lawyer in Ontario, Canada
  • http://ww2.justanswer.com/uploads/CA/captanan/2012-10-26_22415_AdPicture.64x64.png CaptanLaw's Avatar

    CaptanLaw

    Lawyer

    Satisfied Customers:

    163
    I'm a criminal defence lawyer, who assists individuals charged with crimes.
  • http://ww2.justanswer.com/uploads/MD/mdjackso1/2013-11-10_05435_shapeimage1copy.64x64.png M D J's Avatar

    M D J

    Lawyer

    Satisfied Customers:

    20
    I have a general legal practice in Alberta, Canada.