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.
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