What is the difference between wrongful termination and constructive discharge?

Wrongful termination and constructive discharge are two different types of employment law violations in West Virginia. Wrongful termination is when an employer fires an employee in violation of state or federal anti-discrimination laws or other employment statutes. These statutes include the protections given to workers under the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act (ADA), and other state labor laws. When an employee is wrongfully terminated, they may be able to sue their employer for damages. Constructive discharge is a form of wrongful termination wherein an employer makes the work environment so intolerable for an employee that they feel they have no choice but to resign. Constructive discharge could refer to an employer making unreasonable demands on an employee or subjecting them to harassment or discrimination. Constructive discharge is a violation of state and federal employment law, just like any other form of termination. The main difference between wrongful termination and constructive discharge is that wrongful termination occurs when an employee is fired, whereas constructive discharge happens when an employee resigns because the work environment is so unpleasant. So, generally, in the case of wrongful termination, the employee has been fired and can seek damages, while in a constructive discharge situation, the employee needs to prove the hostile work environment to win the case.

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What is the difference between wrongful termination and constructive discharge?

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