What is the difference between wrongful termination and constructive discharge?

Wrongful termination and constructive discharge are two different concepts related to employment law in Texas. Wrongful termination occurs when a person’s employment is terminated by an employer for an illegal reason. Examples of illegal reasons include discrimination on the basis of race, color, religion, gender, national origin, age, or disability; violations of public policy, such as refusing to participate in an illegal activity; or breach of an employment contract. Constructive discharge, on the other hand, occurs when an employer’s behavior creates an intolerable work environment that forces an employee to quit. The employer’s behavior may include harassment, discrimination, or a drastic change in the working conditions, such as a significant decrease in wages or benefits. To prove constructive discharge, an employee must demonstrate that a reasonable person would have found the working environment to be so intolerable that they would have had to quit.

Related FAQs

Can my employer reduce my pay without informing me?
What is the Family and Medical Leave Act (FMLA)?
What is employment law?
Are employers allowed to issue orders or directives to employees?
What is the difference between a grievance and a complaint?
What are the requirements for providing family or medical leave?
Can an employer refuse to hire an applicant based on his or her age?
Can an employee be fired for filing a complaint?
Are employers allowed to hire or fire an employee based on gender?
What are the employee benefits available under the Affordable Care Act (ACA)?

What is the difference between wrongful termination and constructive discharge?

Related FAQs

Related Blog Posts