What is the difference between wrongful termination and constructive discharge?

Wrongful termination and constructive discharge are two legal terms used to describe different types of employee discharge. Wrongful termination is the firing of an employee for a reason that is illegal or unethical. This includes firing for discriminatory reasons such as gender, age, race, or disability, or for exercising a legal right such as taking a leave of absence or filing a workplace complaint. The employee is considered wrongfully terminated when the termination violates an expressed or implied contract, public policy, or the law. Constructive discharge is a form of wrongful termination in which an employee resigns due to intolerable working conditions. This means that the employer has, in effect, created such a hostile and uncomfortable work environment that the employee has no choice but to resign. The employee must be able to demonstrate that they were intentionally forced to resign and that their working conditions were so intolerable that a reasonable person in the same situation would have resigned. In Massachusetts, both wrongful termination and constructive discharge are illegal and can result in financial compensation for the employee. Wrongful termination includes back pay, front pay, compensatory damages, and more. For constructive discharge, an employee may be able to recover back pay, front pay, reinstatement, and other damages. It is important to note that victims of wrongful termination or constructive discharge will need to take legal action in order to seek the justice and financial compensation they deserve.

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What is the difference between wrongful termination and constructive discharge?

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