What is the difference between wrongful termination and unlawful dismissal?
Wrongful termination and unlawful dismissal are two legal terms that are often used interchangeably but that are not the same thing. In Washington, wrongful termination is defined as an employer firing an employee for an illegal reason. This could include firing in retaliation for reporting illegal or unethical behavior, or because of the employee’s race, gender, or religion. In wrongful termination cases, the employer is typically breaking a federal or state law. Unlawful dismissal, on the other hand, is when an employee is fired without due process or in violation of an employment contract. This can include being fired without notice or explanation, being fired because of a disability, or being fired because of whistleblowing. Unlike wrongful termination, unlawful dismissal does not necessarily involve the employer breaking a law, but rather a violation of the employment contract. In Washington, an employee wrongfully terminated or dismissed unlawfully can seek damages from the employer. This can include compensation for back pay, punitive damages, and legal expenses. However, when pursuing a wrongful termination suit, it is important to be aware that the burden of proof is on the employee to show that they were fired unlawfully. Additionally, employees should check to make sure that their case falls within the appropriate statutes of limitations.
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