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I won a constructive dismissal case over a year ago. The employer started the appeal process. Three weeks before the appeal hearing, April 1, they sent a final offer which is considerably less than the original judgement for settlement. I accepted this offer based on the fact that they are claiming to be at the brink of bankruptcy and with the intention of ending the ongoing stalling on their part. They were to pay me by the end of April, but they have not paid yet. They are not going bankrupt. How long do I have to wait before considering this a breach of the settlement agreement? Once considered breach of the agreement, is the original judgement automatically in effect or do I have to take legal action to establish the breach and sue (through litigation) to have the right to submit a writ of enforcement?
My name is David Vaughan and I'm an employment lawyer with Samfiru Tumarkin. If the employer has not met the payment date, that usually constitutes a breach of settlement. In most cases, you do not need to start a new lawsuit to pursue a breach of settlement. Please contact our firm to discuss this matter in more detail and determine how we can assist you.