What is the difference between constructive dismissal and wrongful dismissal?

Constructive dismissal and wrongful dismissal are both types of wrongful termination in Washington. The main difference between the two is that constructive dismissal involves an employer making changes to the employee’s conditions of work that the employee did not agree to and that essentially force the employee to resign, while wrongful dismissal is the employer’s decision to terminate the employee’s employment without cause or notice. In constructive dismissal, the employer may reduce the employee’s pay, change the employee’s job responsibilities, or move the employee to a different workplace without the employee’s consent. These changes breach the employment contract and essentially force the employee to quit. When this happens, the employee can file a lawsuit against the employer for wrongful termination. In wrongful dismissal, the employer terminates the employee’s employment without cause, proof of misconduct, or notice. The employer may do this in order to avoid paying severance, paying out wages, or by violating the employee’s contract, such as the employee’s right to due process or notice. If the employee believes that they were wrongfully fired, they can file a lawsuit against the employer for wrongful dismissal. It is important to note that both constructive dismissal and wrongful dismissal are considered wrongful termination under Washington law, and the employee may be entitled to back pay and damages for wrongful termination. If you believe you were wrongfully dismissed or constructively dismissed, you should contact an employment lawyer immediately.

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