Is there a difference between wrongful termination and wrongful constructive dismissal?

Wrongful termination and wrongful constructive dismissal are both legal terms that refer to wrongful dismissal from a job, however there is an important difference between the two. Wrongful termination occurs when an employer terminates the employment of an employee without following the terms of their contract. This includes the employer failing to give a legally-required notice period, not following their own internal policies, or terminating the employment of an employee without following proper procedures. In Tennessee, this type of wrongful termination is subject to legislation that outlines the rights of employees. Wrongful constructive dismissal, on the other hand, occurs when an employer changes the terms of the employment contract without the agreement of the employee. This includes changes in salary, hours, working conditions or job location. In Tennessee, an employee may be able to seek redress for this type of wrongful dismissal by bringing a complaint to an Industrial Tribunal. Overall, wrongful termination and wrongful constructive dismissal are similar in that an employee was dismissed from their employment without agreement, however the two differ in that wrongful termination refers to the employer not following their own internal contract or procedures, and wrongful constructive dismissal occurs when an employer changes the conditions of an employment contract without the agreement of the employee.

Related FAQs

Are there any special considerations for wrongful termination cases involving public employees?
What are the legal ramifications of wrongful termination?
What is the difference between wrongful termination and wrongful contract termination?
Can I be wrongfully terminated for reporting harassment?
Can I be wrongfully terminated for reporting workplace harassment or discrimination?
What should I do if my employer is discriminating against me?
What are the types of damages available in a wrongful termination case?
How long do I have to file a wrongful termination case?
What is the statute of limitations for wrongful termination?
Can I be wrongfully terminated due to age discrimination?

Related Blog Posts

What Is Wrongful Termination and What Can You Do About It - July 31, 2023
What 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