What is the difference between wrongful termination and unlawful dismissal?

Wrongful termination and unlawful dismissal are both forms of employment termination. But, they have different meanings. Wrongful termination is when an employer terminates an employee’s employment unlawfully, meaning that the termination is in violation of a law or an employment contract. In Virginia, wrongful termination can include unlawful discrimination, such as when an employer terminates an employee on the basis of their gender, race, religion, or national origin. It can also include retaliation for complaining about illegal practices, such as sexual harassment or discrimination. Unlawful dismissal, on the other hand, occurs when an employer terminates the employment of an employee in violation of the terms of their employment contract. This can include terminating an employee without notice, or without following the procedures outlined in the contract. It can also include terminating an employee in violation of state or federal employment laws, such as the Family and Medical Leave Act. In short, wrongful termination can occur in violation of a law or an employment contract, while unlawful dismissal occurs when an employer does not follow the procedures outlined in an employment contract. Both can happen in Virginia, and if it does, an employee may be able to file a claim for damages.

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