What is the difference between wrongful termination and constructive dismissal?
Wrongful termination and constructive dismissal are two legal terms that are related, but they have different meanings. Wrongful termination refers to the act of an employer firing or laying off an employee unlawfully. This could involve terminating an employee based on their race, gender, disability, or some other protected characteristic, or firing an employee in violation of the terms of an employment contract. Constructive dismissal, on the other hand, refers to an employee resigning or quitting their job due to the employer’s actions, rather than terminating the employee directly. Constructive dismissal may occur when an employer creates an intolerable work environment that forces the employee to quit, changes the terms of employment without the employee’s consent, or fails to address harassment or discrimination in the workplace. In Arizona, an employee may bring a claim against an employer for wrongful termination or constructive dismissal. In summary, the difference between wrongful termination and constructive dismissal is that wrongful termination involves an employee being fired or laid off unlawfully, whereas constructive dismissal occurs when an employee resigns from their job due to the employer’s actions. Both are potentially illegal under Arizona employment laws and can form the basis of a claim against the employer.
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