What is the difference between wrongful termination and constructive discharge?

Wrongful termination and constructive discharge are two different types of illegal employment practices under the law in Maryland. Wrongful termination occurs when an employee is involuntarily terminated from their job in violation of the law. This could include an employer firing an employee for an illegal reason, such as for their race, age, gender, or religion. Constructive discharge is a slightly different situation. It is when an employer creates a work environment so hostile or intolerable that the employee is forced to resign their position. This could include an employer retaliating against an employee for engaging in a legally protected activity, such as filing a complaint of discrimination or harassment. In either case, the employer has violated the law and the affected employee may be eligible to pursue legal action. To summarize, the difference between wrongful termination and constructive discharge is that wrongful termination occurs when an employee is fired from their job for an illegal reason, while constructive discharge occurs when an employer creates a hostile work environment that results in the employee being forced to resign their position.

Related FAQs

What are the rights of employees in a collective bargaining agreement?
Are employers allowed to ask job applicants about their criminal records?
What are the rights of employees under the Immigration Reform and Control Act?
What is privacy in the workplace?
Are employers allowed to ask job applicants about their disabilities?
What is the WARN act?
Are employees required to report workplace injuries or illnesses to their employer?
What is the difference between a non-solicitation and an anti-raiding agreement?
What are the requirements for providing a safe and healthy work environment?
Can an employer require drug testing?

Related Blog Posts

Employment Law Overview: What Employers Need to Know - July 31, 2023
Understanding Compensable Time in Employment Law - August 7, 2023
Minimum Wage Standards in Employment Law: What Employers Need to Understand - August 14, 2023
An Overview of Unemployment Benefits and Related Employment Laws - August 21, 2023
Common Mistakes Employers Make in Employment Law - August 28, 2023