What is the difference between constructive dismissal and wrongful dismissal?
Constructive dismissal and wrongful dismissal are both types of termination of employment, however, they differ in the circumstances under which the termination occurs. Constructive dismissal occurs when employment is ended by an employer without explicitly terminating the employee. This is caused by changes to the working conditions that make it so the employee cannot go on working or have a reasonable continuation of their employment. Examples include changes to pay, hours, job duties, or work location that are so severe that the employee essentially has no choice but to resign. Wrongful dismissal occurs when the employer terminates an employee without notifying them or providing an explanation. This can include firing the employee without warning, providing an inadequate or false notice of termination, or not adhering to the terms of the employment contract. In both cases, the termination is illegal and the employee may be entitled to compensation for their damages, including lost wages and benefits. It is important for California employees to understand their rights and how the law protects them if they are facing a constructive dismissal or wrongful dismissal.
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