What is the difference between wrongful termination and wrongful discharge?
Wrongful Termination and Wrongful Discharge are two terms that are often used interchangeably, however, there are a few key distinctions between the two. Wrongful Termination is any firing or dismissal from employment that is in violation of an employee’s employment contract or any state or federal laws. It can be based on discrimination, breach of contract, illegal activity, retaliation, or wrongful dismissal. If a terminated employee believes that their termination was wrongful due to any of these factors, they can sue their employer for damages. Wrongful Discharge, on the other hand, is a type of Wrongful Termination that occurs when an employer unfairly or wrongfully forces an employee to quit. This usually occurs when an employer creates or allows an environment or working conditions that are so hostile or uncomfortable that an employee is forced to resign or quit. Wrongful Discharge is typically illegal, even if an employee resigns before filing a lawsuit, and the employee may be able to receive compensation. In summary, the main difference between Wrongful Termination and Wrongful Discharge is that Wrongful Termination is any firing or dismissal from employment that is in violation of employment contract or laws, while Wrongful Discharge occurs when an employer unfairly or wrongfully forces an employee to resign. Both are illegal in California, and employees may be eligible for monetary compensation.
Related FAQs
What types of damages can I receive if I am wrongfully terminated?Can I be fired without a valid reason?
Is my employer liable for any damages if I am wrongfully terminated?
What are the legal rights of an employee in regards to wrongful termination?
What are the different types of wrongful termination?
Can I be wrongfully terminated for reporting safety hazards in the workplace?
Can I be fired for being pregnant?
What types of employer conduct constitute wrongful termination?
What constitutes a wrongful termination claim?
Is retaliation legal if I am wrongfully terminated?
Related Blog Posts
What Is Wrongful Termination and What Can You Do About It - July 31, 2023What 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