What is the difference between wrongful termination and unlawful dismissal?

Wrongful termination and unlawful dismissal are both forms of illegal termination of employment at work. However, the two types of termination differ in a few key ways. Wrongful termination occurs when an employee is discharged from their job in violation of the employers written or implied contractual agreement. This includes termination for reasons that are discriminatory or breach of implied contract such as termination because of age, race, gender, disability or in retaliation for pursuing a complaint regarding a violation of the law. Unlawful dismissal, on the other hand, occurs when an employee is discharged from their job in violation of an applicable statute or public policy. This includes termination because of a refusal to engage in activities that are prohibited by law, due to whistle-blowing activities or for a reason that violates a fundamental public policy. Both wrongful termination and unlawful dismissal are considered illegal in North Carolina. Such actions can result in civil damages for backpay, front pay, reinstatement, and punitive damages. Moreover, North Carolina state laws also provide for treble damages in cases of willful violations, which means any damages awarded to the employee can triple in value.

Related FAQs

What is the difference between wrongful termination and constructive dismissal?
What constitutes wrongful termination?
What are the most common causes of wrongful termination?
Can I be wrongfully terminated for reporting workplace safety violations?
What is the difference between being laid off and wrongfully terminated?
How long does a wrongful termination case take to resolve?
Is it legal for an employer to terminate an employee without notice?
Can I be fired without a valid reason?
What are the legal ramifications of wrongful termination?
What should I do if I think my termination was wrongful?

Related Blog Posts

What Is Wrongful Termination and What Can You Do About It - July 31, 2023
What to Know About Wrongful Termination Lawsuits - August 7, 2023
Understanding Your Rights Under Wrongful Termination Law - August 14, 2023
Is It Illegal to Be Wrongfully Terminated? Unpacking Wrongful Termination Law - August 21, 2023
Everything You Need to Know About Unfair Dismissal in Wrongful Termination Law - August 28, 2023