Add Comment Question: Employed with a law firm for a couple of years as law clerk/legal assistant. Was on sick leave for 7 months for chemotherapy. Returned and was assigned position of court runner. I expressed my concern for my physical abilities at this point and was asked to try it anyway. I'm pretty sure this is constructive dismissal. My question is how long can I "try it" before I can't claim constructive dismissal anymore? Answer: Hello, It definitely sounds like this is a constructive dismissal scenario. There really is no clear answer as to how long you can try out the position before claiming you have been constructively dismissed - each case has to be assessed on its own. I would recommend you contact our office at your earliest to schedule a consult so a lawyer can better assess your matter. Your Comment * Your Email * Your Name * Your City Note, your name, city and email is not displayed on the website. It is used to notify you that we have approved your comment.