What is the difference between wrongful termination and constructive discharge?

Wrongful termination and constructive discharge are two types of illegal termination of employment. In Indiana, wrongful termination is when an employee is fired for an illegal reason, such as race, gender, age discrimination, or violation of a contract. Constructive discharge, on the other hand, occurs when an employee quits in response to intolerable working conditions created by the employer. The main difference between wrongful termination and constructive discharge is intent. In wrongful termination, the employer intends to terminate the employee for an illegal purpose. The employee does not have to suffer any actual harm for the employer to be liable. In constructive discharge, the employer does not intend for the employee to quit—the employee leaves due to working conditions that cause distress, such as harassment, extreme stress, or dangerous work environment. If an employee believes they were wrongfully terminated or constructively discharged in Indiana, they may be able to pursue a claim of employment discrimination. Employees can speak to a lawyer to determine if their rights were violated. They can also contact their local government office or a labor union for help.

Related FAQs

Are employers allowed to videotape their employees?
Are employers allowed to reduce an employee's hours or duties without notice?
What is the Equal Pay Act?
What is employment law?
Are employers required to provide employees with a minimum level of benefits?
What is the difference between a non-solicitation and an anti-raiding agreement?
What are the requirements for providing family or medical leave?
What is the Employment Retirement Income Security Act (ERISA)?
What is the difference between a voluntary and an involuntary termination?
What are the requirements for providing workers' compensation?

What is the difference between wrongful termination and constructive discharge?

Related FAQs

Related Blog Posts