What is the difference between wrongful termination and unfair dismissal?

Wrongful termination and unfair dismissal are two different types of employer-employee disputes. Wrongful termination occurs when an employer terminates employment in an illegal way. This could be due to discrimination, breach of an employment contract, or other legally prohibited reasons. Unfair dismissal is more general and refers to an employee being dismissed without just cause or warning. This could be due to the employer making a mistake or their decision not being fair or reasonable in the circumstances. In New Mexico, an employee can have a claim for wrongful termination if they were fired for reasons that are illegal. These include discrimination on the basis of race, gender, sexual orientation, age, disability, religion or national origin. They may also include a breach of an employment contract or violation of public policy. When filing a wrongful termination claim, an employee must prove that the termination was illegal and unlawful. An employee may have a claim for unfair dismissal if the employer did not follow the proper procedures or if their decision was not made in good faith. As New Mexico is an at-will state, employees do not have the right to sue an employer for unfair dismissal, unless the employee was dismissed in violation of public policy or an employment contract. In summary, wrongful termination refers to illegal acts committed by an employer in the course of ending an employee’s employment, while unfair dismissal is more general and refers to an employer’s decision to terminate an employee’s employment without just cause or warning. In New Mexico, an employee can bring a claim for wrongful termination, but they do not have the right to sue for unfair dismissal.

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What is the difference between wrongful termination and unfair dismissal?

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