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D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2755
Experience:  Cross-Border (US/Canada) Lawyer
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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: 7 years ago.
Category: Canada Law
Expert:  D.A.M. replied 7 years ago.

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 7 years ago.



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 7 years ago.
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.
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