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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?

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.
The Lawyers at Samfiru Tumarkin LLP
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