What is the difference between wrongful termination and unfair dismissal?

Wrongful termination and unfair dismissal refer to two different aspects of North Carolina labor law. Wrongful termination is a situation in which an employer terminates an employee for a reason that is illegal or violates public policy, such as discrimination or retaliation. Unfair dismissal occurs when an employer terminates an employee without following proper protocol, such as providing the employee with written notice and a hearing before the dismissal. In North Carolina, wrongful termination is considered to be a violation of the public policy of the state. It is illegal for employers to fire employees on the basis of race, color, religion, sex, national origin, age, disability, pregnancy, genetic information, or any other protected characteristic. It is also illegal for employers to fire employees in retaliation for reporting harassment or discrimination or for exercising their rights under the law. Unfair dismissal is a violation of an employer’s own contractual or policy obligations to its employees. It occurs when an employer fails to provide proper written notice or a hearing before terminating an employee. Additionally, an employer cannot terminate an employee for exercising his or her rights under the law, such as filing a discrimination or wage complaint with a state or federal agency, or participating in a union organizing campaign. In summary, wrongful termination is illegal and violates public policy, while unfair dismissal is a violation of an employer’s contractual or policy obligations. Employees in North Carolina have the right to challenge wrongful termination or unfair dismissal claims in court.

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