What is the difference between wrongful termination and constructive discharge?

Wrongful termination and constructive discharge are two legal terms related to employment law in Florida. Wrongful termination is when an employee is fired for an illegal reason. This includes firing someone because of their race, gender, national origin, or religion, or because they complained of illegal behavior in the workplace. An employer is also not allowed to fire someone in retaliation for filing a legal complaint. In Florida, wrongful termination cases are usually heard in civil court. Constructive discharge occurs when an employer tries to make a hostile work environment so unbearable that the employee feels they must quit. It’s similar to wrongful termination, but instead of being fired, the employee resigns out of frustration or fear. Examples of this include when an employer cuts an employee’s hours, demotes them, or gives them impossible tasks. In Florida, constructive discharge cases are heard in labor courts. Wrongful termination and constructive discharge are similar in that in both cases, an employee is not able to keep their job. However, while wrongful termination is an illegal firing, constructive discharge is when an employer has made the workplace so hostile that an employee has no choice but to quit. Both forms of dismissal are illegal and can be pursued through the courts.

Related FAQs

What rights do employees have in a unionized workplace?
Are employers prohibited from discriminating based on a person's sexual orientation?
What is the Employment Retirement Income Security Act (ERISA)?
Are employers allowed to ask job applicants about their disabilities?
Can an employer ask for medical information from an employee?
What is the Americans with Disabilities Act (ADA)?
What is the difference between a grievance and a complaint?
Can my employer reduce my pay without informing me?
What are the disability/bereavement rights of an employee?
Can an employer request a medical assessment of an employee's fitness for work?

What is the difference between wrongful termination and constructive discharge?

Related FAQs

Related Blog Posts