What is the difference between wrongful termination and wrongful abstinence?

Wrongful termination and wrongful abstinence are two legally distinct categories of unlawful dismissal from employment. Wrongful termination occurs when an employer terminates an employee’s job without good cause and in violation of the employee’s legal rights. Wrongful abstinence, on the other hand, is a situation in which an employer withholds wages or other compensation due to an employee, without any legal justification for doing so. In North Carolina, a wrongful termination claim can be brought against an employer if there is evidence that the termination was based on a protected characteristic such as race, religion, disability, or sex, or for other reasons prohibited under state or federal laws, such as retaliating against an employee for filing a complaint. To successfully prove a case of wrongful termination, an employee must show that their dismissal was based on the employer’s discriminatory motive. Wrongful abstinence, by contrast, is a distinct type of employment law violation. In this situation, an employer withholds money that is rightfully owed to the employee. This can occur in a number of situations such as an employer withholding earned wages, unpaid overtime, or vacation pay. To successfully bring a wrongful abstinence claim, an employee must show that the employer had no legal justification for withholding the monies. The employee must also demonstrate that the employer acted with an intent to deprive the employee of the wages or compensation that are owed.

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What is the difference between wrongful termination and wrongful abstinence?

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