What is the difference between wrongful termination and constructive discharge?

Wrongful termination and constructive discharge are two very different concepts in Employment Law in Michigan. Wrongful termination occurs when an employer fires an employee for an illegal reason, which can include discrimination or retaliation. Constructive discharge, on the other hand, occurs when an employer makes the conditions of the workplace so intolerable that an employee is forced to resign. Wrongful termination is illegal because it violates the employment rights of the employee. It is an act of discrimination, meaning the employer is doing so based on the employee’s race, gender, religion, age, or some other protected characteristic. The employer may also be retaliating against the employee for a particular action or for filing a complaint. When wrongful termination occurs, the employee may be due compensation. Constructive discharge, on the other hand, occurs when the employer creates an environment so hostile that the employee feels forced to resign. This may include consistently increasing the workload or cutting the employee’s pay. The employee may also be subjected to verbal or physical abuse and even be threatened with termination. In such cases, the employee is still entitled to compensation. In both cases, the employee may be entitled to seek damages, depending on the circumstances. It is important to note, however, that both wrongful termination and constructive discharge are serious legal matters that should be addressed by an experienced Employment Law attorney.

Related FAQs

Are sexual orientation and gender identity protected by employment law?
What are the rights of employees who are members of a religious organization?
What are the notice requirements for an employer to terminate an employee?
What are the requirements for providing family or medical leave?
Are employers allowed to issue orders or directives to employees?
What are my rights if my employer withholds my final wages?
Are employees entitled to time off for religious reasons?
Are employers allowed to require dress codes?
Can an employer require drug testing?
What is the Worker Adjustment and Retraining Notification Act (WARN)?

What is the difference between wrongful termination and constructive discharge?

Related FAQs

Related Blog Posts