What is the difference between wrongful termination and constructive discharge?
Wrongful termination and constructive discharge are both legal terms often used to describe the end of an employee’s employment. The primary difference between wrongful termination and constructive discharge is the role that the employer plays. Wrongful termination occurs when an employer terminates an employee’s employment without due cause or for an unlawful purpose as defined by Kansas employment law. This type of termination is considered a violation of an employee’s rights and can result in the employee receiving monetary or other damages as a result of the wrongful termination. Constructive discharge, on the other hand, is a term used when an employer forces an employee to resign their position due to intolerable working conditions. This type of termination is often the result of an employer failing to provide a safe and healthy workplace. Despite the fact that the employee actually resigned the position, it is considered a termination in the eyes of the law. Constructive discharge can also result in an employee receiving damages from their employer. In both cases, an employee may have legal grounds to pursue a case against their employer. However, the difference between wrongful termination and constructive discharge lies in how the termination was initiated. In a wrongful termination case, the employer initiated the termination. In a constructive discharge case, the employee initiated the termination due to intolerable working conditions.
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