Is there a difference between wrongful termination and wrongful constructive dismissal?
Yes, there is a difference between wrongful termination and wrongful constructive dismissal in New Mexico. Wrongful termination is when an employer breaks the terms of an employment contract, or fires an employee in violation of public policy or in a discriminatory manner. This kind of termination is illegal, and the employee may be entitled to compensation if they can prove their case. Wrongful constructive dismissal, on the other hand, occurs when an employer makes the working conditions so difficult and intolerable for the employee that they feel they have no choice but to quit. This can include reducing the employee’s pay, changing their duties, or changing their hours without warning or consultation. It’s still an illegal form of termination, and the employee may still be able to seek compensation. Both wrongful termination and wrongful constructive dismissal are rights given to employees in New Mexico to protect them from unfair dismissal or mistreatment. Employees must be aware of the laws protecting them, and must seek legal advice as soon as possible if either of these terminations occur. Being aware of the difference between both terminations can help ensure that employees are properly protected in the event they are wrongfully terminated.
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